§Why CasetextPricing

In the Matter of Navillus Tile, Inc.,, Respondent,v.LC Main, LLC, Appellant.

Brief

13 Cited authorities

  1. Tewari v. Tsoutsouras

    75 N.Y.2d 1 (N.Y. 1989)   Cited 190 times
    In Tewari, applicable law did not expressly provide otherwise, since, as then-Judge Kaye noted in her concurrence, the underlying statute at issue (CPLR 3406 [a]) did "not plainly authorize dismissal" for failure to meet the relevant deadline (75 NY2d at 13-14).

  2. Tri-City Elec Co v. People

    96 A.D.2d 146 (N.Y. App. Div. 1983)   Cited 47 times

    November 4, 1983 Appeal from the Supreme Court, Erie County, JOSEPH P. KUSZYNSKI, J. McClung, Peters, Simon Arensberg ( Susan Weber and Lawrence E. Becker of counsel), for Aetna Casualty Surety Company and another, appellants. Robert Abrams, Attorney-General ( Richard Dorsey and William J. Kogan of counsel), for State of New York, appellant. Roy R. Cesar for respondents. CALLAHAN, J. On October 4, 1972 the State of New York (State) entered into a highway construction contract with Suburban Excavators

  3. Makovic v. Aigbogun

    41 A.D.3d 342 (N.Y. App. Div. 2007)   Cited 3 times

    June 28, 2007. Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered January 23, 2007, which granted plaintiffs motion to extend a notice of pendency nunc pro tunc, unanimously affirmed, without costs. Before: Lippman, P.J., Mazzarelli, Marlow, Buckley and Malone, JJ. Plaintiff moved to extend the notice of pendency by order to show cause filed about 2½ months before the notice of pendency was due to expire. The motion was granted by order signed and entered about a month after the notice

  4. Venture v. Thomas Crimmins Contracting Co.

    159 A.D.2d 256 (N.Y. App. Div. 1990)   Cited 18 times

    March 8, 1990 Appeal from the Supreme Court, New York County (Myriam Altman, J.). Order of said court entered July 15, 1988 (action No. 2), which denied defendant-appellant therein, Madison Lexington Venture's motion for summary judgment pursuant to CPLR 3212 with respect to the first cause of action of plaintiff Thomas Crimmins Contracting, for foreclosure of the aforementioned mechanic's lien filed October 29, 1986, unanimously affirmed, without costs. Thomas Crimmins Contracting Company (Crimmins

  5. Binghamton Masonic Temple, Inc. v. Armor Elevator Co.

    186 A.D.2d 338 (N.Y. App. Div. 1992)   Cited 6 times

    September 24, 1992 Appeal from the Supreme Court, Broome County (Smyk, J.). At issue in this case are two court orders continuing respondent's mechanic's lien which were granted within the one-year time period set forth in Lien Law § 17, but which were not actually filed with the County Clerk within that time period. The first extension was obtained in 1987 and is governed by Lien Law former § 17 (as amended by L 1970, ch 696), while the second extension at issue was obtained in 1989 and is governed

  6. Bianchi v. Constr. v. D'Egidio

    165 Misc. 2d 973 (N.Y. Sup. Ct. 1995)   Cited 2 times

    July 25, 1995 Fisher, Fisher Berger (Darren J. Esser of counsel), for defendants. Caruso Caruso, P.C. (Mark J. Caruso of counsel), for plaintiff. JULIUS VINIK, J. In an action to foreclose a mechanic's lien, the defendant moves for summary judgment dismissing the complaint and discharging the mechanic's lien. On January 10, 1991, the defendant Nicola D'Egidio entered into an agreement with the plaintiff Bianchi Construction to perform certain improvements to defendants' home for $65,000. By a letter

  7. H.M. Hughes Co., Inc. v. Carmania Corp.

    187 A.D.2d 287 (N.Y. App. Div. 1992)   Cited 3 times

    November 10, 1992 Appeal from the Supreme Court, New York County (Carmen B. Ciparick, J.). Plaintiff timely obtained and filed an order extending its notice of pendency, but because the subject property was not described, the County Clerk did not index and record the order but instead returned it to plaintiff after the original notice of pendency had lapsed. Under these circumstances, the resettled order extending the notice and directing that it be recorded and indexed nunc pro tunc as of the date

  8. Thermal Design v. Gorman

    162 Misc. 2d 519 (N.Y. Sup. Ct. 1994)

    October 3, 1994 Falk Siemer, Buffalo, for petitioner. Paul V. Nowicki, County Attorney of Rockland County, for respondent. HOWARD MILLER, J. The petition is granted to the following extent. The following facts are undisputed. On August 23, 1993, petitioner filed a notice of mechanic's lien; on August 19, 1994 respondent received an extension of the lien for filing pursuant to Lien Law § 17. Sometime thereafter respondent returned the documents to petitioner because a filing fee of $15 was not tendered

  9. Zoerb and Co., Inc. v. Young Fire Equip. Co.

    134 A.D.2d 826 (N.Y. App. Div. 1987)   Cited 2 times

    November 10, 1987 Appeal from the Supreme Court, Erie County, Ostrowski, J. Present — Dillon, P.J., Denman, Green, Balio and Davis, JJ. Order unanimously reversed on the law with costs and motion granted. Memorandum: It is clear from the record submitted on this appeal that the mechanic's lien filed by plaintiff expired, at the latest, on April 1, 1983 without further timely continuation by court order. Section 17 Lien of the Lien Law provides in part: "No lien specified in this article shall be

  10. Carassavas v. New York State Department of Social Services

    90 A.D.2d 630 (N.Y. App. Div. 1982)   Cited 6 times

    October 21, 1982 Appeal from a judgment of the Supreme Court at Special Term (Cerrito, J.), entered April 9, 1981 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent denying petitioner's request for an administrative hearing. In June, 1980, petitioner, a physician, was convicted of two felonies, grand larceny in the third degree and offering a false instrument for filing. Both convictions arose from his activity