HARLOW RESTORATION CORP. v. NEW YORK TEL. CO.


217 A.D.2d 405 (1995)

628 N.Y.S.2d 703

Harlow Restoration Corporation, Appellant, v. New York Telephone Company et al., Respondents

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

July 6, 1995


The action should be dismissed for lack of merit, the mechanic's lien on which it is based having expired when plaintiff failed to satisfy the conditions of the order entered January 29, 1992 extending its notice of pendency (see, Lien Law § 17; CPLR 6513). No reasonable excuse is shown for the failure to supply the requested discovery within 30 days and to restore the case to the calendar within 60 days, as the extension order required.

Plaintiff points...

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