ACE CONTR v. GARFIELD & ARMA


148 Misc.2d 475 (1990)

Ace Contracting Company, a Division of Cell-San Construction Co., Inc., Petitioner, v. Garfield & Arma Associates et al., Respondents.

Supreme Court, New York County.

September 11, 1990


Attorney(s) appearing for the Case

Howard Bernstein for petitioner. Carol A. Schrager for Milgo Industrial, Inc., respondent.


NORMAN C. RYP, J.

A. ISSUE

Whether a (fabricated stainless steel) sub-subcontractor can enforce a mechanic's lien under Lien Law article 3 after subcontractor and general contractor (to erect a McDonald's storefront) have both been fully paid. An issue of budding and building first impression.

This is a Lien Law § 59 special proceeding in which petitioner, Ace Contracting Company, seeks to vacate the mechanic's lien filed on the premises...

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