THURBER LUMBER CO., INC. v. N.F.B. DEV. CORP.


215 A.D.2d 551 (1995)

626 N.Y.S.2d 841

Thurber Lumber Company, Inc., Respondent, v. N.F.B. Development Corp. et al., Appellants, et al., Defendants

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

May 15, 1995


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as it is asserted against the appellants, the action against the remaining defendants is severed, and the lien is vacated insofar as it is asserted against the appellants.

Lien Law § 4 provides that a mechanic's lien "shall extend to the owner's right, title or interest in the real property existing at the time of filing the notice of lien" (...

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