MATTER OF 361 BROADWAY ASSOC. HOLDINGS, LLC v. BLONDER BLDRS. INC.

10514. 156265/18.

178 A.D.3d 494 (2019)

114 N.Y.S.3d 337

2019 NY Slip Op 08920

In the Matter of 361 Broadway Associates Holdings, LLC, Respondent, v. Blonder Builders Inc., Appellant.

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

Decided December 12, 2019.


Attorney(s) appearing for the Case

Law Offices of Andrew L. Crabtree, P.C., Melville ( Dara M. Hartman of counsel), for appellant.

Rich, Intelisano & Katz, LLP, New York ( Daniel E. Katz of counsel), for respondent.

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


Petitioner, the owner of a construction project, entered into a subcontract with respondent pursuant to which respondent was to furnish materials and perform certain construction work. Thereafter, petitioner terminated respondent for cause. Respondent then timely filed a mechanic's lien within eight months after the completion of its work, as required by Lien Law § 10(1). However, that lien listed an incorrect lot number of the subject premises. After the eight month...

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