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LaPointe v. J.T.T. Contractors, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Sep 18, 1989
153 A.D.2d 880 (N.Y. App. Div. 1989)

Opinion

September 18, 1989

Appeal from the Supreme Court, Dutchess County (Hillery, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants assert that the description of the property set forth in the March 20, 1985 lien is not sufficiently particular to identify the premises intended to be the subject of the lien. This assertion ignores the fact that the lien was subsequently bonded and discharged by the defendants, prior to their claiming that it was invalid. The discharge of the lien pursuant to Lien Law § 20 effectuated a substitution of the lien on the real property by a lien on the money (see, Harlem Plumbing Supply Co. v. Handelsman, 40 A.D.2d 768; Valett v. Baker, 129 App. Div. 514). In any event, there existed no defect upon the face of the lien when it was filed, and as such, "`any dispute regarding the validity of the lien must await trial thereof by foreclosure'" (Melniker v. Grae, 82 A.D.2d 798; Lien Law § 19). Bracken, J.P., Kunzeman, Sullivan and Balletta, JJ., concur.


Summaries of

LaPointe v. J.T.T. Contractors, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Sep 18, 1989
153 A.D.2d 880 (N.Y. App. Div. 1989)
Case details for

LaPointe v. J.T.T. Contractors, Inc.

Case Details

Full title:GERMAIN LaPOINTE, Doing Business as CONTINENTAL DRYWALL COMPANY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 18, 1989

Citations

153 A.D.2d 880 (N.Y. App. Div. 1989)
545 N.Y.S.2d 388

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