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J.T. MAGEN & CO., INC. v. NISSAN N. AM., INC.

10511. 160497/17.

178 A.D.3d 466 (2019)

113 N.Y.S.3d 702

2019 NY Slip Op 08784

J.T. Magen & Company, Inc., Respondent, v. Nissan North America, Inc., Appellant, et al., Defendants.

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

Decided December 5, 2019.

Attorney(s) appearing for the Case

Seyfarth Shaw LLP, New York ( John R. Skelton of the bar of the Commonwealth of Massachusetts, admitted pro hac vice, of counsel), for appellant.

Meltzer, Lippe, Goldstein & Breitstone, LLP, Mineola ( Manny A. Frade of counsel), for respondent.

Concur—Richter, J.P., Gische, Webber, Gesmer, JJ.

To establish the right to enforce a mechanic's lien, a contractor must make a prima facie case that the lien is valid, and that it is entitled to the amount asserted in the lien (Ruckle & Guarino, Inc. v Hangan, 49 A.D.3d 267, 267 [1st Dept 2008]). Plaintiff has sufficiently alleged that it is entitled to foreclose on the lien, and the documents submitted in connection with the dismissal...

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