Kushnick | Pallaci PLLC Attorney At Law
In 2014 the first significant series of amendments to the 2008 code went into effect. Chief among amendments was the addition of new section 3309.1.1
It is a well known and long upheld principle in New York that where work requires a license, and the plaintiff does not have such
It would seem like a basic tenant of the Lien Law but the Second Department recently reaffirmed the principle that in order to file a
Sky Materials Corp. v Frog Hollow Indus., Inc. Decided: 2/11/15 at App. Div. 2nd Dept. The Appellate Court affirmed the lower court’s decision, dismissing plaintiff’s
Metrowoodworking Inc. v Hunter Roberts Constr. Group, LLC The Appellate Court affirmed the finding of the lower court, denying the plaintiff’s motion for leave to
Kushnick Pallaci PLLC managing member Vincent Pallaci was recently interviewed by Surety News and discussed trends and issues in construction bonding. You can read the
General Municipal law §103 governs all contracts for public work involving an expenditure of more than $35,000 and all purchase contracts involving an expenditure of
Education Law §3813 sets forth strict requirements for a contractor, or any other party, to secure its claim against a school district. This statute creates
Come visit us on February 24, 2015 as we host a WBE/MWBE workshop in conjunction with the Associated Builders and Contractors. Kushnick Pallaci’s Gina Wischhusen
BILLS PENDING IN THE NEW YORK STATE LEGISLATURE A00529: Would require retainage to be kept in an interest bearing escrow account. A00725A: Would prohibit withholding retainage from material suppliers on public and private projects. A01337:
Lien Law Section 38 can be a very powerful tool for those looking to challenge a mechanic’s lien. In sum, Lien Law section 38 allows an owner to demand that a lienor itemize its mechanic’s lien. In
Unless you practice in construction law, you may be surprised to find out how many times a contractor signs a “lien waiver” or even a “final lien waiver” when he or she has not, in fact, been paid.
Members of the Empire State Chapter of the Associated Builders and Contractors, Inc. will receive a free initial consultation and free assistance with the initial submission of their application for: New York State MWBE Certification New York City
Recently the Second Department commented on what exactly is, and is not, a facial defect justifying summary discharge of a mechanic’s lien pursuant to LIen Law Section 19. Now the First Department has chimed in and they are
This comes as no surprise, and certainly is not novel law, but the Second Department has again reminded us that “a court has no inherent power to vacate or discharge a notice of lien except as authorized by
A mechanic’s lien in New York lasts for one year from the date of filing. In order to extend a mechanic’s lien on single family dwellings and certain other liens, a motion to extend a mechanic’s lien is
In Pike Co. v. Customweld Industries, the Appellate Division, Second Department, affirmed a 2012 decision and order of the Honorable Emily Pines (Suffolk County) wherein it was determined that questions of fact existed as to whether Pike had
A review of New York’s Lien Law §13(1) reveals that a mechanic’s lien shall have priority over a mortgage not recorded at the time of the filing of the Notice of Mechanic’s Lien. See Lien Law §13(1). As
In A&L Construction Corp. v. East Harlem Developers, the Supreme Court was faced with a situation where a contractor sought payment for monies allegedly due under the contract. The contractor moved for summary judgment on an account stated
Kushnick | Pallaci PLLC Attorney At Law
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Kushnick Pallaci, P.L.L.C., is a construction, business, insurance, labor and employment, and real estate law firm serving communities in New York and the 5 Boroughs, including New York City, Nassau, Suffolk, Brooklyn, Queens, Bronx, Manhattan, Staten Island, Westchester and White plains.
Prior results do not guarantee a similar outcome.