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NIAGARA v. SICOLI & MASSARO

77 N.Y.2d 175 (1990)

In the Matter of Niagara Venture, a Limited Partnership, Respondent, v. Sicoli & Massaro, Inc., et al., Appellants, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 27, 1990.

Attorney(s) appearing for the Case

Robert W. Michalak and Lisa G. Massaro for Sicoli & Massaro, Inc., appellant.

Craig L. Miller for Patterson-Stevens, Inc., appellant, relying on the brief of Sicoli & Massaro.

Richard G. Collins for Niagara Venture, respondent.

Chief Judge WACHTLER and Judges SIMONS and HANCOCK, JR., concur with Judge KAYE; Judge BELLACOSA dissents and votes to affirm in a separate opinion in which Judges ALEXANDER and TITONE concur.

KAYE, J.

Are private improvement (or mechanics') liens valid against a property owner's interest in the undeveloped portion of a tract when, at the time the liens are filed, the owner has conveyed the developed portion of the tract to a third party? For the reasons stated below, we answer that question in the affirmative, and dismiss petitioner property owner's petition to discharge respondents...

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