PLATTSBURGH v. MARKOFF


164 A.D.2d 30 (1990)

Plattsburgh Quarries, Inc., Respondent, v. Donald Markoff, Doing Business as Donald Markoff Construction Company, et al., Defendants, and Pyramid Champlain Company, Appellant. (Action No. 1.) Yankee Electric Supply, Inc., Respondent, v. County of Clinton Industrial Development Agency et al., Defendants, and Pyramid Champlain Company, Appellant. (Action No. 2.) Aird Dorrance, Inc., Respondent, v. Pyramid Champlain Company, Appellant, et al., Defendants. (Action No. 3.) In the Matter of Pyramid Champlain Company, Appellant, v. Clinton Electric Supply Corporation, Respondent. (Action No. 4.)

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

October 18, 1990


Attorney(s) appearing for the Case

Shanley, Sweeney & Riley, P. C. (J. Michael Naughton of counsel), for appellant.

James J. Coffey for Plattsburgh Quarries, Inc., respondent.

Asadourian & Johnston (Stephen A. Johnston of counsel), for Yankee Electric Supply, Inc., and Martin M. Goldman for Clinton Electric Supply Corporation, respondents. (One brief filed.)

Stafford, Purcell & Edwards (D. Andrew Edwards, Jr., of counsel), for Aird Dorrance, Inc., respondent.

MAHONEY, P. J., CASEY and LEVINE, JJ., concur.


KANE, J.

The resolution of these appeals is centered in a single issue. Is real property, legal title to which is temporarily transferred from a private developer to a public benefit corporation, subject to the filing of a mechanic's lien during the public benefit corporation's "ownership"? Constrained by judicial precedent, we must answer in the negative.

The relevant facts are undisputed. Pyramid Champlain...

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