N&W Constr. Co., Inc. v Roosa Family Assoc., Ltd. Partnership

N&W Constr. Co., Inc. v Roosa Family Assoc., L.P. 2010 NY Slip Op 01160 [70 AD3d 1375] February 11, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 31, 2010

N&W Construction Company, Inc., Plaintiff, and Brawdy Construction, Inc., Appellant, v Roosa Family Associates, Limited Partnership, et al., Respondents, et al., Defendants.

—[*1] John J. Lavin, P.C., Buffalo (John J. Lavin of counsel), for plaintiff-appellant.

Lippes Mathias Wexler Friedman LLP, Buffalo (Brendan H. Little of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered April 3, 2009 in an action for, inter alia, foreclosure of a mechanic's lien. The order, insofar as appealed from, denied the motion of plaintiff Brawdy Construction, Inc. for an extension of the notice of pendency and granted the cross motion of defendants Roosa Family Associates, Limited Partnership, Joseph B. Roosa, individually, and Northwest Savings Bank to vacate the mechanic's lien of that plaintiff.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Smith, Fahey and Lindley, JJ.