AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

AVON ELECTRICAL SUPPLIES, INC., Respondent, et al., Plaintiffs, v. VOLTAIC ELECTRIC COMPANY, INC., et al., Defendants, and FOREST CITY BRIDGE STREET ASSOCIATES et al., Appellants.

Ordered that the order is reversed, on the law, with costs, the motion is granted and the third and fourth causes of action are dismissed.

It is well established that a private mechanic's lien may not attach to a privately-held leasehold interest in publicly-owned land (see, Matter of Paerdegat Boat Racquet Club v Zarrelli, 83 A.D.2d 444, revd on other grounds 57 N.Y.2d 966; Plattsburgh Quarries v Markoff, 164 A.D.2d 30; Albany County Indus. Dev. Agency v Gastinger Ries Walker Architects, 144 A.D.2d 891; T.N.T. Coatings v County of Nassau, 114 A.D.2d 1027). Since the plaintiff's third and fourth causes of action sought to foreclose on such mechanic's lien, those causes of action should have been dismissed. Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.

Use AI to get other relevant cases.

Comments

AVON ELECTRICAL SUPPLIES v. VOLTAIC ELECTRIC
(Apr 18, 1994)