MODERN ERA CONSTRUCTION, INC. v. SHORE PLAZA, LLC


51 A.D.3d 990 (2008)

858 N.Y.S.2d 783

MODERN ERA CONSTRUCTION, INC., Appellant, v. SHORE PLAZA, LLC, et al., Respondents.

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

Decided May 27, 2008.


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

The Supreme Court properly denied the plaintiff's motion for summary judgment on the ground that there were triable issues of fact as to whether the defendant Shore Plaza, LLC (hereinafter Shore Plaza), consented to the services and materials allegedly provided by the plaintiff. In order to maintain and enforce a mechanic's lien, a plaintiff is required to demonstrate that the defendant consented...

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