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Blendex v. Mount Sinai Yacht Club

Appellate Division of the Supreme Court of New York, Second Department
Jul 25, 2006
31 A.D.3d 680 (N.Y. App. Div. 2006)

Summary

In Blendex, plaintiff contractor filed mechanic's lien on real property that was leased by a municipality to a private yacht club.

Summary of this case from Bergassi Grp. LLC v. Consol. Edison Co. of N.Y.

Opinion

2005-02248.

July 25, 2006.

In an action, inter alia, to recover misappropriated trust funds pursuant to Lien Law article 3-A, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Whelan, J.), dated February 28, 2005, as denied that branch of their motion which was to dismiss the third cause of action pursuant to CPLR 3211 (a) (1) and (7).

Before: Santucci, J.P., Krausman, Mastro and Skelos, JJ., concur.


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

Contrary to the defendants' contention, the third cause of action, to recover misappropriated trust funds pursuant to Lien Law article 3-A, may be maintained despite the nature of the property at issue as a privately-held leasehold interest in publicly-owned land ( see Aspro Mech. Contr. v Fleet Bank, 1 NY3d 324, 328).


Summaries of

Blendex v. Mount Sinai Yacht Club

Appellate Division of the Supreme Court of New York, Second Department
Jul 25, 2006
31 A.D.3d 680 (N.Y. App. Div. 2006)

In Blendex, plaintiff contractor filed mechanic's lien on real property that was leased by a municipality to a private yacht club.

Summary of this case from Bergassi Grp. LLC v. Consol. Edison Co. of N.Y.
Case details for

Blendex v. Mount Sinai Yacht Club

Case Details

Full title:BLENDEX INDUSTRIAL CORP., Respondent, v. MOUNT SINAI YACHT CLUB, INC., et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 25, 2006

Citations

31 A.D.3d 680 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 5898
818 N.Y.S.2d 478

Citing Cases

Bergassi Grp. LLC v. Consol. Edison Co. of N.Y.

The court did grant the claims to foreclose on the mechanic's liens based on the court's discharge of these…