KUHN v. KOBER


203 A.D.2d 536 (1994)

612 N.Y.S.2d 948

Walter Kuhn, Doing Business as Stat Construction Company, Respondent, v. Arthur Kober, Appellant, et al., Defendant

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

April 25, 1994


Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant property owner sought dismissal of the plaintiff's action to foreclose a mechanic's lien on the ground that there was no privity of contract between the parties. However, it is well settled that "a material[person] or subcontractor is not required to be in contractual privity with the property owner in order to foreclose a mechanic's lien" (Regal Lbr. Co. v Buck, ...

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