Opinion
March 18, 1996
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the order is reversed, on the law, with costs, the motion to extend the plaintiff's amended notice of pendency is granted, and the amended notice of pendency filed on April 24, 1991, regarding the property known as Dist. 0400, Section 255.00, Block 01.00, Lots 004.004 and 004.005, as shown on the Land and Tax Map of the County of Suffolk, as from time to time extended, is further extended for a period of one year from the date of this decision and order up to and including March 18, 1997.
The appellant asserted a cross claim and a counterclaim for foreclosure of its own mechanic's lien when it was named as a defendant in this action, as it was required to do (see, Lien Law § 44). The amended notice of pendency filed by the plaintiff continued the appellant's mechanic's lien (see, Lien Law § 17). The appellant, a plaintiff for purposes of its own claims (see, CPLR 3019 [d]), is, therefore, a proper party to seek an extension of the plaintiff's amended notice of pendency in order to preserve its own mechanic's lien, which would otherwise terminate (see, CPLR 6513; Lien Law § 19; Gebhardt v Charleston Chems., 133 N.Y.S.2d 764).
The appellant demonstrated good cause for the extension (see, CPLR 6513). The plaintiff promptly filed a note of issue when it obtained a one-year extension of its amended notice of pendency. However, 11 months later, the Supreme Court had not yet scheduled a trial date, necessitating the appellant's motion for a further extension of the amended notice of pendency. There is no evidence in the record that the delay was attributable to the appellant (see, Tomei v Pizzitola, 142 A.D.2d 809). Consequently, the amended notice of pendency is extended for another year (see, Stassou v Casini Huang Constr., 203 A.D.2d 357). Balletta, J.P., Thompson, Pizzuto and Altman, JJ., concur.