Complaint,Petition: Built Right Contracting Services Corp. v. For An Order Pursuant To Lien Law Section 17 Of The Lien Law Continuing A Certain Notice Under Mechanics' Lien Law Against Premises Known As 2216 Van Nostrand Avenue, Merrick, New York, Section 56, Block 25, Lot 396, 397
On August 05, 2020 a
Complaint,Petition
was filed
involving a dispute between
Built Right Contracting Services Corp.,
and
For An Order Pursuant To Lien Law Section 17 Of The Lien Law Continuing A Certain Notice Under Mechanics' Lien Law Against Premises Known As 2216 Van Nostrand Avenue, Merrick, New York, Section 56, Block 25, Lot 396, 397,
for Special Proceedings - Mechanic's Lien
in the District Court of Nassau County.
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FILED: NASSAU COUNTY CLERK 08/05/2020 11:32 AM INDEX NO. 608039/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
In the Matter of the Application of:
Index No.
BUILT RIGHT CONTRACTING SERVICES CORP.,
PETITION
Lienor,
For an Order Pursuant to Lien Law Section 17
Of the Lien Law Continuing a Certain Notice
Mechanics'
Under Lien Law against premises known
As 2216 Van Nostrand Avenue, Merrick,
New York, Section 56, Block 25, Lot 396, 397.
----------------------------------------------------------------X
TO THE SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF NASSAU:
The petition of BUILT RIGHT CONTRACTING SERVICES CORP. ("Lienor"), by
ZISHOLTZ & ZISHOLTZ, LLP, its attorneys, respectfully alleges:
1. I make this Petition in support of the Application of the Lienor for an Order
continuing a certain Mechanic's lien filed by Lienor for an additional period of one (1) year.
2. We are advised that the Lienor was hired by Rina Luca, to provide labor in
connection with repairs and renovations to certain real property owned by Rina Luca at the
premises located at 2216 Van Nostrand Avenue, Merrick, New York, State of New York, also
known as being in Section 56, Block 25, Lot 396, 397.
3. The Premises consist of a residential building.
4. The Mechanic's Lien now sought to be continued indicates that it was dated and
verified on August 8, 2019 and filed in the NASSAU County Clerk's Office on August 8, 2019.
The Lienor is claiming the sum of $517,000.00 as a lien against the interest of the owners of the
real property therein, i.e., Rina Luca. A copy of the Mechanic's Lien Law is appended hereto as
Exhibit "A".
1 of 2
FILED: NASSAU COUNTY CLERK 08/05/2020 11:32 AM INDEX NO. 608039/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2020
5. The amount claimed to be due is $517,000.00 of which we are advised, that no
monies have been since paid since the Mechanic's Lien was filed leaving a balance due and owing
of $517,000.00.
6. The Mechanic's Lien has not been paid, cancelled or discharged and is presently a
valid lien against the premises.
7. Without contimmtion of the Mechanic's Lien, the Lienor will lose valuable legal
and property rights.
8. The time within which an action may be instituted to enforce the said Mechanic's
Lien will expire pursuant to the statute on August 8, 2020, after which the said Mechanic's Lien
will be ineffective and unenforceable unless continued.
9. No prior application for the relief requested herein has been made.
WHEREFORE, by reason of the foregoing, your Affiant respectfully requests that this
Court issue an Order further continuing the Mechanic's Lien Law filed herein for the additional
period of one (1) year from the date of granting of this Order and directing the Lien Clerk of the
County of NASSAU to so docket the Mechanic's Lien for the additional period of one (1) year
from the date of granting of this Order together with such other and further relief as this Court may
deem just and proper.
Subscribed this 5th day
Of August, 2020
William Mastrogiannis
2 of 2
For an Order Pursuant to Lien Law Section 17 Of the Lien Law Continuing a Certain Notice Under Mechanics' Lien Law against premises known As 2216 Van Nostrand Avenue, Merrick, New York, Section 56, Block 25, Lot 396, 397
Defendant
MASTROGIANNIS, WILLIAM ARISTOTLE
Attorney for the Plaintiff
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FILED: NASSAU COUNTY CLERK 08/05/2020 11:32 AM INDEX NO. 608039/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU In the Matter of the Application of: Index No. BUILT RIGHT CONTRACTING SERVICES CORP., PETITION Lienor, For an Order Pursuant to Lien Law Section 17 Of the Lien Law Continuing a Certain Notice Mechanics' Under Lien Law against premises known As 2216 Van Nostrand Avenue, Merrick, New York, Section 56, Block 25, Lot 396, 397. ----------------------------------------------------------------X TO THE SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF NASSAU: The petition of BUILT RIGHT CONTRACTING SERVICES CORP. ("Lienor"), by ZISHOLTZ & ZISHOLTZ, LLP, its attorneys, respectfully alleges: 1. I make this Petition in support of the Application of the Lienor for an Order continuing a certain Mechanic's lien filed by Lienor for an additional period of one (1) year. 2. We are advised that the Lienor was hired by Rina Luca, to provide labor in connection with repairs and renovations to certain real property owned by Rina Luca at the premises located at 2216 Van Nostrand Avenue, Merrick, New York, State of New York, also known as being in Section 56, Block 25, Lot 396, 397. 3. The Premises consist of a residential building. 4. The Mechanic's Lien now sought to be continued indicates that it was dated and verified on August 8, 2019 and filed in the NASSAU County Clerk's Office on August 8, 2019. The Lienor is claiming the sum of $517,000.00 as a lien against the interest of the owners of the real property therein, i.e., Rina Luca. A copy of the Mechanic's Lien Law is appended hereto as Exhibit "A". 1 of 2 FILED: NASSAU COUNTY CLERK 08/05/2020 11:32 AM INDEX NO. 608039/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2020 5. The amount claimed to be due is $517,000.00 of which we are advised, that no monies have been since paid since the Mechanic's Lien was filed leaving a balance due and owing of $517,000.00. 6. The Mechanic's Lien has not been paid, cancelled or discharged and is presently a valid lien against the premises. 7. Without contimmtion of the Mechanic's Lien, the Lienor will lose valuable legal and property rights. 8. The time within which an action may be instituted to enforce the said Mechanic's Lien will expire pursuant to the statute on August 8, 2020, after which the said Mechanic's Lien will be ineffective and unenforceable unless continued. 9. No prior application for the relief requested herein has been made. WHEREFORE, by reason of the foregoing, your Affiant respectfully requests that this Court issue an Order further continuing the Mechanic's Lien Law filed herein for the additional period of one (1) year from the date of granting of this Order and directing the Lien Clerk of the County of NASSAU to so docket the Mechanic's Lien for the additional period of one (1) year from the date of granting of this Order together with such other and further relief as this Court may deem just and proper. Subscribed this 5th day Of August, 2020 William Mastrogiannis 2 of 2