23 Cited authorities

  1. PM Contracting Co. v. 32 AA Associates LLC

    4 A.D.3d 198 (N.Y. App. Div. 2004)   Cited 14 times
    In PM Contracting Company, Inc. v 32 AA Associates LLC (4 AD3d 198, supra), a case involving a similar situation with respect to the name of the owner on a notice of lien, the Appellate Court disregarded a conveyance that it characterized as not being one at arm's length.
  2. Goodman v. Del-Sa-Co Foods

    15 N.Y.2d 191 (N.Y. 1965)   Cited 64 times
    In Goodman, supra, the New York Court of Appeals construed the language of section 39-a to permit recovery of damages only for the wilfully exaggerated portions of an otherwise inaccurate claim that had been invalidated under section 39, 15 N.Y.2d at 196, 257 N.Y.S.2d 142, 205 N.E.2d 288. The burden of proving such wilful exaggeration is on the party seeking damages.
  3. Niagara v. Sicoli Massaro

    566 N.E.2d 648 (N.Y. 1990)   Cited 23 times
    Discussing purpose of analogous mechanic's lien provisions
  4. Sullivan v. Turner Const

    60 A.D.3d 1315 (N.Y. App. Div. 2009)   Cited 5 times
    In Sullivan, however, the elements the plaintiff failed to set forth, indeed, were material - the labor performed or materials furnished and the agreed to price or the value thereof.
  5. Covino v. Alside Aluminum Supply

    42 A.D.2d 77 (N.Y. App. Div. 1973)   Cited 46 times
    In Covino v Alside Aluminum Supply Co. (42 A.D.2d 77, 81), the Appellate Division, Fourth Department, stated: "Defendants cannot complain that they are prejudiced on the ground that the Statute of Limitations has run because when a court permits an amendment of the title to an action, even though the Statute of Limitations has run, there is no prejudice so long as defendant has not been brought into the action for the first time by the amendment".
  6. Tri-State Sol-Aire Corp. v. Lakeville Pace Mechanical, Inc.

    221 A.D.2d 519 (N.Y. App. Div. 1995)   Cited 15 times

    November 20, 1995 Appeal from the Supreme Court, Suffolk County (Tanenbaum, J.). Ordered that the appeal from the order entered February 2, 1994, is dismissed, without costs or disbursements, as that order was superseded by the order dated August 4, 1994, made upon reargument; and it is further, Ordered that the order dated August 4, 1994, is modified, on the law, by (1) deleting the provision thereof which adhered to the original determination in the order entered February 2, 1994, denying that

  7. Matter of Kleet Lumber Co., Inc.

    197 A.D.2d 576 (N.Y. App. Div. 1993)   Cited 7 times

    October 12, 1993 Appeal from the Supreme Court, Suffolk County (Dunn, J.). Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision, and the judgment is affirmed, with one bill of costs. On September 5, 1990, the appellant filed a notice of mechanic's lien in the Suffolk County Clerk's office naming DMC Management, Inc., and Chalk Cue Billiard Club, Inc., as the owners of the subject premises. Subsequently, the appellant discovered that the subject premises had actually

  8. Matter of Tri Quality Mech. v. Chappastream

    138 A.D.2d 610 (N.Y. App. Div. 1988)   Cited 11 times

    March 21, 1988 Appeal from the Supreme Court, Westchester County (Nastasi, J.). Ordered that the order is reversed, with costs, and the petition is denied. The petitioner furnished labor and materials in the amount of $44,194 for the improvement of real property known as the Chappaqua Mews, located in Westchester County. On April 1, 1987, the petitioner filed a notice of mechanic's lien for that amount in the Westchester County Clerk's office. The lien named Central Federal Savings Loan, F.S.B. (hereinafter

  9. Homemakers, Inc. of Long Island v. Williams

    100 A.D.2d 505 (N.Y. App. Div. 1984)   Cited 11 times

    March 5, 1984 In an action to recover the value of services rendered, defendants appeal (1) as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Young, J.), dated July 27, 1982, as modified defendants' demand for a bill of particulars by striking items Nos. 2 through 5; (2) from an order of the same court (Levitt, J.), dated October 1, 1982, which granted plaintiff's motion to amend the caption of its summons and verified complaint; (3) from an order of the same

  10. Di Paolo v. H.B.M. Enterprises, Inc.

    95 A.D.2d 794 (N.Y. App. Div. 1983)   Cited 7 times

    June 13, 1983 In an action, inter alia, to foreclose a mortgage, plaintiffs appeal from so much of an order of the Supreme Court, Westchester County (Coppola, J.), entered December 16, 1982, as denied their motion, inter alia, for summary judgment on their first cause of action. Order modified, on the law, by granting plaintiffs' motion as to defendants Ernest R. Csak and Ingeborg Csak and defendant B D Paving Company, Inc. As so modified, order affirmed, insofar as appealed from, with one bill of