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Santucci Construction Corp. v. Errico

Appellate Division of the Supreme Court of New York, Second Department
Sep 29, 1997
242 A.D.2d 696 (N.Y. App. Div. 1997)

Opinion

September 29, 1997

Appeal from the Supreme Court, Westchester County (Donovan, J.).


Ordered that the appeal from the order entered July 17, 1996, is dismissed as academic; and it is further,

Ordered that the order entered January 6, 1997, is reversed, on the law, and the motion to summarily discharge the lien is granted; and it is further,

Ordered that the appellant is awarded one bill of costs.

The notice of lien did not adequately describe the property subject to the lien. Thus, it failed to comply with the requirements of Lien Law § 9 (7) and the mechanic's lien was invalid. Therefore, the motion to summarily discharge the lien should have been granted ( see, Contelmo's Sand Gravel v. J J Milano, 96 A.D.2d 1090; Hudson Demolition Co. v. Ismor Realty Corp., 62 A.D.2d 980). In addition, the lien is not subject to amendment pursuant to Lien Law § 12-a ( see, Matter of Atlas Tile Marble Works, 191 A.D.2d 247; Avon Elec. Supplies v. Goldsmith, 54 A.D.2d 552).

The parties' remaining contentions are either without merit or academic in light of this determination ( see, Guzman v. Estate of Fluker, 226 A.D.2d 676).

Miller, J.P., Ritter, Santucci and Florio, JJ., concur.


Summaries of

Santucci Construction Corp. v. Errico

Appellate Division of the Supreme Court of New York, Second Department
Sep 29, 1997
242 A.D.2d 696 (N.Y. App. Div. 1997)
Case details for

Santucci Construction Corp. v. Errico

Case Details

Full title:SANTUCCI CONSTRUCTION CORP., Respondent, v. JERRY ERRICO, Appellant

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

Date published: Sep 29, 1997

Citations

242 A.D.2d 696 (N.Y. App. Div. 1997)
664 N.Y.S.2d 953

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