15 Cited authorities

  1. Roberts v. Tishman Speyer Properties

    2009 N.Y. Slip Op. 7480 (N.Y. 2009)   Cited 375 times
    In Roberts, this Court rejected DHCR's long-standing statutory interpretation and concluded that luxury deregulation was unavailable in any building during receipt of J–51 benefits (13 N.Y.3d at 285–287, 890 N.Y.S.2d 388, 918 N.E.2d 900).
  2. Gaines v. New York State Division of Housing & Community Renewal

    90 N.Y.2d 545 (N.Y. 1997)   Cited 159 times

    Argued September 8, 1997 Decided October 16, 1997 Appeal from the the Supreme Court (Karla Moskowitz, J.). Marcia P. Hirsch, Bronx, Rudolph Rosa Di Sant and Sheldon Melnitsky for appellant. John J. Cox, New York City, for respondent. Carb, Luria, Cook Kufeld, L. L. P., New York City (James E. Schwartz of counsel) LEVINE, J. Petitioner Germaine Gaines commenced this CPLR article 78 proceeding to challenge respondent New York State Division of Housing and Community Renewal's (DHCR) determination that

  3. Aaron v. Great Bay Contr

    290 A.D.2d 326 (N.Y. App. Div. 2002)   Cited 40 times

    290 A.D.2d 326 736 N.Y.S.2d 359 Estelle Aaron, Appellant, v. Great Bay Contracting, Inc., Respondent. Supreme Court of New York, First Department January 17, 2002. OPINION Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered on or about March 19, 2001, which denied petitioner's application to discharge or reduce respondent's mechanic's lien, unanimously affirmed, without costs. Pertinent provisions of the parties' contract governing respondent's renovation of petitioner's apartment

  4. Plus v. Dorime

    80 A.D.3d 639 (N.Y. App. Div. 2011)   Cited 9 times

    No. 2009-11740. January 18, 2011. In an action to foreclose on a mechanic's lien, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Ruchelsman, J.), dated October 27, 2009, as granted that branch of the pre-answer motion of the defendant Serge Dorime which was to vacate the plaintiffs mechanic's lien to the extent of reducing the lien from the sum of $257,950 to the sum of $65,950, and setting the matter down for a hearing concerning the validity of the remainder

  5. In the Matter of Retek v. City of New York

    14 A.D.3d 708 (N.Y. App. Div. 2005)   Cited 13 times

    2003-09636 January 31, 2005. In a proceeding pursuant to Lien Law § 19 (6) to summarily discharge a mechanic's lien, the petitioner appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated September 17, 2003, which granted the respondents' cross motion to dismiss the petition. Before: Schmidt, J.P., Santucci, Luciano and Rivera, JJ., concur. Ordered that the order is affirmed, with costs. A court has no inherent power to vacate or discharge a notice of lien except as authorized

  6. In re Bridge View Tower

    69 A.D.3d 711 (N.Y. App. Div. 2010)   Cited 6 times
    In Matter of Bridge View Tower, LLC v Roco G.C. Corp. (69 A.D.3d 711 [2d Dept 2010]), the court held that a mechanic's lien description of "189 Bridge Street" was deficient inasmuch as the location was a condominium development and the individual block and lots were not listed; this was a violation of Lien Law § 9 (7)."
  7. Plan Corp. v. Greiner-Maltz

    229 A.D.2d 122 (N.Y. App. Div. 1997)   Cited 10 times

    March 31, 1997 Appeal from the Supreme Court, Nassau County, Edward W. McCarty, III, J. Murray Hollander, New York City (Donald Davis of counsel), for appellant. Thomas L. Costa, L.L.P., Melville, for respondent. ALTMAN, J. At issue on this appeal is the interpretation of a 1982 amendment to Lien Law § 2 (4) which expanded the definition of "improvement" to include the performance of certain specified real estate brokerage services, thereby enabling real estate brokers to file mechanic's liens. In

  8. Westage Towers Associates v. ABM Air Conditioning & Refrigeration, Inc.

    187 A.D.2d 600 (N.Y. App. Div. 1992)   Cited 4 times

    November 16, 1992 Appeal from the Supreme Court, Westchester County (Gurahian, J.). Ordered that the order is affirmed, with costs. The petitioner, a real estate developer, contracted with the appellant for the design and installation of heating, ventilation and air conditioning systems for a condominium complex known as "Westage Towers East". During the course of the work, the petitioner filed a declaration of condominium (see, Real Property Law art 9-B), identifying the property by individual tax

  9. Matter of Bralus Corporation v. Berger

    120 N.E.2d 829 (N.Y. 1954)   Cited 4 times

    Argued April 6, 1954 Decided May 20, 1954 Appeal from the Supreme Court, Appellate Division, Second Department, C.A. JOHNSON, J. William Brafman and Joseph Goldman for appellants. Richard Steel and Martin A. Jacobs for respondent. Per Curiam. Respondent's mechanic's lien for making "drawings of preliminary plans" and allied architectural services which never became embodied in an erected structure, should not summarily be dismissed on motion under subdivision (6) of section 19 of the Lien Law, upon

  10. Fyfe v. Sound Development Co.

    235 N.Y. 266 (N.Y. 1923)   Cited 12 times

    Argued February 26, 1923 Decided March 13, 1923 Townsend Scudder and George Morton Levy for appellant. Manton Marks for respondent. CRANE, J. This is an action brought to foreclose a mechanic's lien wherein the Fidelity and Deposit Company of Maryland has been made a party by reason of its having given an undertaking to discharge the lien. Upon a motion made by the company for judgment on the pleadings, the mechanic's lien as filed has been held to be bad. The complaint alleges that one James M.

  11. Section 6401 - Appointment and powers of temporary receiver

    N.Y. CPLR 6401   Cited 434 times   1 Legal Analyses

    (a) Appointment of temporary receiver; joinder of moving party. Upon motion of a person having an apparent interest in property which is the subject of an action in the supreme or a county court, a temporary receiver of the property may be appointed, before or after service of summons and at any time prior to judgment, or during the pendency of an appeal, where there is danger that the property will be removed from the state, or lost, materially injured or destroyed. A motion made by a person not

  12. Section 19 - Discharge of lien for private improvement

    N.Y. Lien Law § 19   Cited 329 times   1 Legal Analyses

    A lien other than a lien for labor performed or materials furnished for a public improvement specified in this article, may be discharged as follows: (1) By the certificate of the lienor, duly acknowledged or proved and filed in the office where the notice of lien is filed, stating that the lien is satisfied or released as to the whole or a portion of the real property affected thereby and may be discharged in whole or in part, specifying the part. Upon filing such certificate, the county clerk in

  13. Section 9 - Contents of notice of lien

    N.Y. Lien Law § 9   Cited 225 times

    The notice of lien shall state: 1. The name and residence of the lienor; and if the lienor is a partnership or a corporation, the business address of such firm, or corporation, the names of partners and principal place of business, and if a foreign corporation, its principal place of business within the state. 1-a. The name and address of the lienor's attorney, if any. 2. The name of the owner of the real property against whose interest therein a lien is claimed, and the interest of the owner as

  14. Section 23 - Construction of article

    N.Y. Lien Law § 23   Cited 163 times
    Holding that a construction management firm employing construction professionals, architects, and engineers which, in addition to the consulting services it rendered, also prepared site logistics and access plans for the property, and performed a constructability review for the project at the property, qualifies as having performed an "improvement if the site logistics, access plans, or constructability review included drawings by an architect or engineer, even if such were prepared preconstruction"
  15. Section 214 - Receiver

    N.Y. Aband. Prop. Law § 214   Cited 1 times

    At any time during the pendency of said action pursuant to section two hundred one, the court may upon application therefor appoint a receiver to conserve said property and to receive the rents, income and profits therefrom during the pendency of the action. The rents, income and profits so received, after the payment of the expenses of such receivership, shall be paid over to such party or parties as shall be determined in the final judgment to be entitled to possession of said property and in the