L & L Painting Co. v. Columbia Sussex Corp., 225 A.D.2d 670 (N.Y. App. Div. 2d Dep't 1996). · Go Syfert
L & L Painting Co. v. Columbia Sussex Corp., 225 A.D.2d 670 (N.Y. App. Div. 2d Dep't 1996). Cases Citing This Book View Copy Cite
13 citation events (12 in the last 25 years) across 3 distinct courts.
Cited for
At page 670 Determining proper party status for lien preservation and extensions2 citing casesThe appellant asserted a cross claim and a counterclaim for foreclosure of its own mechanic’s lien when it was named as a defendant in this action, as it was…opening of page *670 (no citing court says what it cites this page for) · 1 listed here
  • Knopf v. Sanford, 110 A.D.3d 502 (N.Y. App. Div. 1st Dep't 2013).published 2 cites
    The evidence shows that the delay in ruling on defendants’ motion to dismiss resulted in a stay of discovery and significantly delayed the adjudication of the action (see L&L Painting Co. v Columbia Sussex Corp., 225 AD2d 670, 670-671 [2d…
Retrieving the full opinion text from the archive…
L & L Painting Co., Inc.
v.
Columbia Sussex Corporation, Anron Air Systems, Inc.
Appellate Division of the Supreme Court of the State of New York.
Mar 18, 1996.
Published opinion
225 A.D.2d 670
1996 N.Y. App. Div. LEXIS 2645
Cited by 9 opinions  |  Published

The appellant asserted a cross claim and a counterclaim for foreclosure of its own mechanic’s lien when it was named as a defendant in this action, as it was required to do (see, Lien Law § 44 [5]). The amended notice of pendency filed by the plaintiff continued the appellant’s mechanic’s lien (see, Lien Law § 17). The appellant, a plaintiff for purposes of its own claims (see, CPLR 3019 [d]), is, therefore, a proper party to seek an extension of the plaintiff’s amended notice of pendency in order to preserve its own mechanic’s lien, which would otherwise terminate (see, CPLR 6513; Lien Law § 19 [2]; Gebhardt v Charleston Chems., 133 NYS2d 764).

The appellant demonstrated good cause for the extension (see, CPLR 6513). The plaintiff promptly filed a note of issue when it obtained a one-year extension of its amended notice of pendency. However, 11 months later, the Supreme Court had not yet scheduled a trial date, necessitating the appellant’s mo[*671]tion for a further extension of the amended notice of pendency. There is no evidence in the record that the delay was attributable to the appellant (see, Tomei v Pizzitola, 142 AD2d 809). Consequently, the amended notice of pendency is extended for another year (see, Stassou v Casini & Huang Constr., 203 AD2d 357). Balletta, J. P., Thompson, Pizzuto and Altman, JJ., concur.