V.A.L. FLOORS, INC. v. AETNA CASUALTY AND SURETY COMPANY


300 A.D.2d 29 (2002)

750 N.Y.S.2d 496

V.A.L. FLOORS, INC., Appellant, v. AETNA CASUALTY AND SURETY COMPANY, Respondent.

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

Decided December 5, 2002.


This action to recover upon a mechanic's lien was properly dismissed, since plaintiff failed to meet its burden to establish that the last work performed or materials furnished under the contracts at issue was performed or furnished within the eight-month period preceding the filing of the lien (see Lien Law § 10). Plaintiff's proof was not adequate to demonstrate that the work and materials allegedly provided by it within the statutorily crucial eight-month period...

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