G Bldrs. V, LLC v Quality Waste Servs. Corp.

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G Bldrs. V, LLC v Quality Waste Servs. Corp. 2019 NY Slip Op 33500(U) November 26, 2019 Supreme Court, Kings County Docket Number: 513827/2019 Judge: Debra Silber Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [* 1] INDEX NO. 513827/2019 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/26/2019 SUPREME COURT COUNTY OF OF KINGS G BUILDERS V, STATE THE : PART YORK NEW OF 9 LLC, DECISION JUDGMENT Petitioner, -against- Index No. Motion WASTE QUALITY SERVICES ORDER / Date CORP., 513827/2019 Seq. 1 No. Submitted:11/21/19 Cal No. 21 Respondent. _x as required Recitãticñ, by a mechanic's vacate lien. CPLR of the 2219(a), papers considered in the review of this NYSCEF Papers to Order Show Affirmation Reply Exhibits the cited foregoing to Doc. 1-10 Aññexed.. 12-13 Opposition...................................... in 15 Affirmation......................................................................... Upon as Affirmation and Affidavit Petition, Cause, and pétiticñ the papers, Decision/Order on application this is follows: This known property in the is a petition sum of respondent as 81-91 $28,195.15 Quality general to a mechanic's 6* North against Street, property Services Waste who contractor vacate hired filed lien Brooklyn (Block owner Williantsburg G petitioner Corp., and respondent, on for the May 2326, 1, 2019 Lots affecting 37, Portfolio disbursements notice, pursuant 41, 42) by the being and costs 39, LLC II, V LLC Builders 38, of this proceeding. The petitioner § 59, that since elapsed contends commeñce respondent and no notice a 30 it served of an acticñ pendency to has day demand the enforce been 1 of 4 filed and lien, and no that action to 30 to Lien days foreciese Law have the [* 2] INDEX NO. 513827/2019 NYSCEF DOC. NO. 16 lien has RECEIVED NYSCEF: 11/26/2019 commenced. been petitioner Thus, contends mechanic's the should lien be vacated. counters Respondent quantum contract, $450,554.75 other in coññection that in this the subject failed was lien and demolition claims area, a separate stated with Respondent inexperienced it has account meruit, locations. and that that to filed file by unjust and its action pending enrichment other work retained at the liens respondent's in breach petitioner subject !ocation was with without for and at apparently coililection principal, of against who counsel, mechañic's for the those claims of assistance counsel. Respondent the commence to § 59 argues court has an failures meritless deductions respondent's removal and that who of of the the amount was injured lien that costs and is not owed, at a statute extend it should not is based apparently another job contends a notice by to dispute respondent that triggered of justice, payment premises, and lien, the argues the period day interests the from 30 enforce Respoñdéñt workers owner the to in the action. attorney's the action discretion, a foreciosure not that of the be time because of are a claim lacks not its that institute prior allegedly since Further, to for petitioner's petitioner and period punished Law Lien limitations upon site. disbursements under petitioner avai!able is to standing under of one by seek the statute. Petitioner commence the where cases an disputes a proceeding upon attempt which was a failure that to foreciose respondent made counsel is a basis a mechanic's relies to of timely are lien under distinguishable, commence 2 2 of 4 an to action extent Lien as to they enforce the Law period and § 59, involve the to that situations lien. Further, [* 3] INDEX NO. 513827/2019 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/26/2019 petitioner that notes action. In addition, impact on the out of its does petitioner separate it has maintains respondent maintains action with the that as receipt deny disposition against respondent by insofar standing contract not commence it has not NY 224 the an done 559). of evidence upon of 1105(A); Lien 2004 Haven, 87 but failed had find notice 2007 a Mech.'s him. Law Slip on Real NY Slip Div to 236 no LLC Op. failed Op. [1St serve the court held of at owner, that resolve no have no issues all to arising Ave., Ct [Sup 1903] as ["the in consequence failure to make the 3 3 of 4 served the inability service was of of the the sufficiently liens as 993, 994 proper was not 18 Misc acted 3d of Cañcellatiùn 3 Misc. 12203, of. one the re York 2004]; County of In 2007]; New with denied Inc., affd consider AD2d notice Const., Albany, had not the why court why 1918], to 215 has County Albany lienor to Dept vacate Inc., & Gen. Suffolk Brookline to Concrete Concrete Ct the application respondent [1 must cause discretion furnish lienor sufficient 355 the properly explanation [Sup Div. App the lien, show or Court v Bonded v Debut 81 184 Here, real 50426[U] Dept took petitioner Finally, to notice petitioner's Inc. 52473[U] Prop. will proceeding a mechanic's Supreme omitted]). offers vacate Corp., affords Estates Properties NY App This and this and notice day Law in the Realty § 59 citations to specified a denial warrant of bound of § 59 respondent (Kushaqua M3GH (see 1108[A], to time Selwyn Lien [internal the the situation, burderf Dept1995] service to the Law Lien (Matterof sufficient their [3d so within "While equities was action 30 owner. property under the petitioner. it is ccñtractua!!y Conclusions In a proceeding of In 3d v Jackson defendants, process excused, server [* 4] INDEX NO. 513827/2019 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/26/2019 affirmed and lose may whom order an the it has a Mech.'s Lien 3d 1105(A); 2004 Further, to NY Ave., 50426[U]; In the re Weeks, 73 81-91 V LLC as vacate and This Dated: and the re York to it has Law Lien Cañcelistion New Cancellatioñ re York 242, 243 and has a Mech.'s 3d Ct, [Sup been long § 59 of 3 Misc. 12203, ADJUDGED Waste 65 North Street such constitutes is hereby lien the 26, of that 3 Misc. 12203, held on Queens to Real NY 2004 a general that standing Lien 1105(A); a bring at Prop. 81 Op. Slip 1911]). County is granted. petition Corp. 2326, Portfolio II, vacated, and record decision, the Services (Block Williamsburg employer, cancel November In Misc Quality against $28,195.15, In supra; LLC, it is respondent as which contractor, Albany, Ave., contention, pursuant (see New Propeities Brookline respondent's Albany, ORDERED known lien general the respondent while Further, 50426[U]). a notice Accordingly, by to 81 lien")). the against M3GH (see at Op. Slip serve vacate remain Prop. contrary Brookline filed Real action the property, will on may petition the a dispute, of contractor on lien cancel to a motion denying on 37, LLC as the 1, 2019 May Lots The 39, 38, owner, Clerk of against 41, lien mechanic's the sum in the 42), with petitioner Kings County property G Builders is directed accordingly. order and judgment of the court. 2019 E N T E R : Hon. Hon. 4 4 of 4 Justice Debra Debra Supreme Silber, Silber Court of J.S.C. to

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