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In re Ciminelli-Walbridge Joint Venture

185 A.D.2d 657 Court N.Y. App. Div. Decision date 1992-07-14 English

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p. 657
In the Matter of Ciminelli-Walbridge Joint Venture, Respondent. SGB 2000, Inc., Appellant.

Order unanimously affirmed with costs. Memorandum: Supreme Court properly vacated and discharged the lien filed by SGB 2000, Inc. Section 5 of the Lien Law provides that, under contracts for public improvements, a lien may be filed by "[a] person performing labor for or furnishing materials to a contractor, his subcontractor or legal representative”. SGB 2000, Inc., which agreed to furnish materials to a sub-subcontractor, is too remote from the prime contractor to file a valid lien (see, Cameron Equip. Corp. v People, 31 AD2d 299 , 301, affd 27 NY2d 634 ; Wynkoop v People, 1 AD2d 620 , affd 4 NY2d 892 ).

p. 658
(Appeal from Order of Supreme Court, Erie County, Joslin, J. —Mechanic’s Lien.) Present—Green, J. P., Lawton, Boehm, Davis and Doerr, JJ.

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