ALBERT J. BUNCE, LTD. v. FAHEY


73 A.D.2d 632 (1979)

Albert J. Bunce, Ltd., Respondent, v. Thomas J. Fahey, Jr., et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 17, 1979


Judgment reversed insofar as appealed from, on the law, with costs, and complaint dismissed as to defendants Thomas and Eleanor Fahey.

Pursuant to statute, a mechanic's lien is valid to the extent of "the sum earned and unpaid on the contract at the time of filing the notice of lien, and any sum subsequently earned thereon" (Lien Law, § 4). In the case of a subcontractor, the lien will only attach to those funds due and owing to the general contractor at the...

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