When a subcontractor files a mechanic’s lien against a property, pursuant to Lien Law Section 19(6), the owner or any other party in interest (i.e., a general contractor), may apply for an order summarily discharging of record the alleged lien. In conjunction with the Lien Law, CPLR 402 states that…
Section 1312(a) of the Business Corporation Law, New York’s “door closing” statute, precludes foreign corporations doing business in the state without authority from maintaining an action in the state. The purpose of this statute is to regulate foreign companies actually conducting business in the state. As held in Special Breaks,…
The Nassau County Supreme Court recently held that a contractor demonstrated good cause allowing the Court to extend the contractor’s mechanic’s lien nunc pro tunc. The action was initially commenced by the property owner, who sought an order pursuant to Lien Law Section 19 discharging and vacating a mechanic’s lien…
Construction contracts typically contain indemnification clauses which shift the financial burdens and risks between and among various parties. Although these clauses are common, their precise meaning and effect can still raise novel legal issues. Recently, Justice Carolyn Demarest of the Commercial Division in the Brooklyn Supreme Court rendered a decision…
The Kings County Supreme Court has once again dismissed, on statute of limitations grounds, an action commenced by Save the View Now (“STVN”) against the Pierhouse hotel/condo complex currently being built in Brooklyn Bridge Park. STVN previously sought a temporary restraining order and a preliminary injunction halting construction of the…
In 1979, the Court of Appeals issued its ruling in Immediate v. St. John Queens Hospital, 48 N.Y.2d 671 (1979), wherein the Court held that a bare assertion of a statute of limitations defense in an answer would be sufficient to withstand the pleading particularity requirements of CPLR 3013. 48…
The Second Department has recently ruled a plaintiff’s failure to provide a defendant who has appeared in an action, but subsequently defaulted, with notice of a motion to enter a default judgment, is a jurisdictional defect. In Paulus v. Christopher Vacirca, Inc., 2015 WL 1542183 (2nd Dept. 2015), the defendant-appellant…