MATTER OF OAKDALE 36 UNIT CORP. v. MAYTAL CONSTR. CORP.


198 A.D.2d 418 (1993)

605 N.Y.S.2d 902

In the Matter of Oakdale 36 Unit Corp., Respondent, v. Maytal Construction Corp., Appellant

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

November 22, 1993


Ordered that the judgment is affirmed, with costs.

The Supreme Court properly searched the record (see, CPLR 409 [b]), and determined that the subject lien is premised on claims beyond the purview of the Lien Law (see, Matter of FCZ Corp. v Blais Deli, 135 A.D.2d 535). Summary discharge of the lien was therefore proper because it failed to comply with the requirements of Lien Law § 9 (see, Lien Law...

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