C.P.I. EQUIPMENT CORP. v. NASSO CONCRETE CORPORATION


306 A.D.2d 141 (2003)

760 N.Y.S.2d 322

C.P.I. EQUIPMENT CORP., Respondent, v. NASSO CONCRETE CORPORATION et al., Defendants, and MURRAY HILL PLACE, INC. et al., Appellants.

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

Decided June 17, 2003.


Plaintiff filed a mechanic's lien for $27,016.89 and commenced this action several months later, but never filed a notice of pendency. However, within a year of the filing of plaintiff's lien, another subcontractor on the project filed a notice of pendency against appellants' property naming plaintiff as a defendant, and plaintiff appeared in the associated action. Plaintiff's joinder in that other action saved its lien (Lien Law...

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