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Court Finds Questions of Fact on Lien Challenge

In Icdia Corp. v. Visaggi (2nd Dept. January 2016) the owner defendant (the “owner”) leased the commercial premises at issue to the co-defendants.  One of the co-defendants entered into a contract with the plaintiff to renovate the leased

Lien in “substantial compliance” may be amended

Matter of Rigano v Vibar Constr., Inc. Decided 9/30/15 by the Appellate Division: Second Department Upon  remittitur from the Court of Appeals, the Court found that, upon re-argument, the Supreme Court should have granted Vibar Construction’s petition to

Owner consent required for mechanic’s lien

Sky Materials Corp. v Frog Hollow Indus., Inc. Decided: 2/11/15 at App. Div. 2nd Dept. The Appellate Court affirmed the lower court’s decision, dismissing plaintiff’s action to foreclose on three mechanics’ liens and to recover damages for breach

Construction contract claims against NY school districts

Education Law §3813 sets forth strict requirements for a contractor, or any other party, to secure its claim against a school district.  This statute creates a condition precedent in maintaining an action against a school district: a notice

Kushnick | Pallaci PLLC Attorney At Law​

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