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In re FCZ Corp.

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1987
135 A.D.2d 535 (N.Y. App. Div. 1987)

Opinion

December 7, 1987

Appeal from the Supreme Court, Queens County (Leviss, J.).


Ordered that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision; and it is further,

Ordered that the order is affirmed; and it is further,

Ordered that the respondent is awarded one bill of costs.

The undisputed facts contained in the record demonstrate that the lienor's claim is not one for the value or agreed price of labor performed or material furnished pursuant to a fully performed contract as expressed in the notice of lien (see, Matter of Atlantic Cement Co. v St. Lawrence Cement Co., 22 A.D.2d 228; cf., Copasso v Apfel, 214 App. Div. 638). The notice of lien is instead premised on the petitioner's allegedly wrongful termination of the contract, a claim beyond the purview of the Lien Law (see, Whritenour Co. v Colonial Homes Co., 209 App. Div. 676). Summary discharge of the lien was therefore proper (see, Lien Law § 19; § 23). Rubin, J.P., Kooper, Sullivan and Harwood, JJ., concur.


Summaries of

In re FCZ Corp.

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1987
135 A.D.2d 535 (N.Y. App. Div. 1987)
Case details for

In re FCZ Corp.

Case Details

Full title:In the Matter of FCZ CORP., Appellant. BLAIS DELI, INC., Respondent

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

Date published: Dec 7, 1987

Citations

135 A.D.2d 535 (N.Y. App. Div. 1987)

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