On August 08, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
North East Underlayments, Llc Dba North East Spray Foam,
and
Erik Obey,
Savannah Mccafferty-Doviak,
for Real Property - Other (Foreclosure of Mechanic's)
in the District Court of Essex County.
Preview
FILED: ESSEX COUNTY CLERK 08/08/2023 06:15 PM INDEX NO. CV23-0381
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/08/2023
O
NOTICE UNDER MECHANIC'S LIEN LAW Y-2
To the Clerk of the County of Essex and all others whom it may concern
PLEASE TAKE NOTICE, that North sast underlavments LLC dba North East Sorav Foam
as lienor(s) have and claim a lien on the real property hereinafter described as follows:
(1.) The names and residences of the lienors is North East Underlavments LLC dba North East Spray Foam
7 Rocky Ridge Road
Warrensburg, NY 12885
being a Limited Liability Company duly organized and existine under the laws of the State of New York
whose business address is at P.O. Box 471, Warrensburg, NY 12885
and whose principal place of business is at 7 Rocky Ridge Road, Warrensburg, NY 12885
have and claim a lien for the principal and interest of the price and value of the labor and material
hereinafter mentioned, upon the house, building and appurtenances, and upon the lot, premises and parcel of
land upon which the same may stand, or be intended to stand, hereinafter mentioned, pursuant to the Lien
Law of the State of New York and all acts amending or extending the same or providing for the filing of
mechanic's liens; or in force in said County in reference to mechanic's liens, and hereby states:
(la.) The name and address of lienor's attorney, if any
(2.) The name(s) of the owner(s) ofthe real property are Erik Obev & Savannah McCaffertv-Doviak
and the interest of the owner as far as known to the lienor(s) is fee simple
(3.) The name(s) of the person(s) by whom the lienor was (were) employed is Erik Obev
The name(s) of the person(s) to whom the lienor(s) furnished or is (are) to furnish materials or for whom the
lienor(s) performed or is (are) to perform professional services is Erik Obev
The name(s) of the person(s) with whom the contract/agreement was made is Erik Obev
(4.) The labor performed was apolication of sprav foam insulation on various areas of home cn
The material furnished was closed cell sprav foam & open cell sorav foam
The material actually manufacturedfor but not delivered to the real property is:
N/A O
The agreed price and value of the labor performed is $ 2,023.05
The agreed price and value of the material furnished is $ 13,958.68
The agreed price and value of the material actually manufactured for but not delivered to the
real property is $ N/A
Total agreed price and value $ 15 981.73
(5.) The amount unpaid to the lienor(s) for said labor performed is $ 2,023.05
The amount unpaid to the lienor(s) for said material furnished is $ 5,808.68
The amount unpaid to the lienor(s) for material actually manufactured for but not delivered to the real
property is $ N/A
Total amount unpaid $ 7,831.73
The total amount claimed for which this lien is filed is $ 7,831.73
(6,) The time when the first item of work was performed was July 25th 2022
The time when the first item of material was furnished was July 25th 2022
The time when the last item of work was performed was August ist 2022
The time when the last item of material was furnished was July 29th 2022
(7.) The property subject to the lien is situated in the Town of Wilmington, County of Essex and State of
New York at Home on 105 Outlook Ln - Tax Map ID # 26.2-3-30.200
*** The real improved IS a single family
property dwelling
That said labor and materials were performed and fumished for and used, and the professional services rendered were used
in the improvement of the real property hereinbefore described. That e-ight-months (four months if subject property is a
single family dwelling) have not elapsed dating from the last item of work performed, and dating from the last items of
materials furnished, nor since the completion of the contract, nor since the final performance of the work, nor since the
final furnishing of the materials for which this lien is claimed.
North East Underlayments LLC
dba Nortl t S ray Foam
Dated X
Janet R Konis, Registered Agent
2022267209
N
instr it 2022-4089
Joseph A. Provoncha, County Clerk
FILED: ESSEX COUNTY CLERK 08/08/2023 06:15 PM INDEX NO. CV23-0381
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/08/2023
FILING OF NOTICE
Notice of lien may befited at any time during to progress of the work and thefurnishing of materials or. within eight
months after the completion of the contract, of the f inal performance of the work, or thefinal furnishing of the materials, dating from
the last item of work performed or materials furnished: provided. however that where the improvement is related to real property
improved or to be improved with a single family dwelling. the notice of lien may befiled a any time during the progress of the work
and the furnishing of the materials. or. within four months after the completion of the contract. or thefinal performance of the work.
or thefinal furnishing of the materials dating from the last item of work performed or materials furnished. The notice of lien must be
)ited in the clerk's office of the county where the property is situated. If such property is situated in two or more counties. the notice of
lien shall befiled in the office of the clerk of each such counties.
State of New York. County of ss.: OR PARTNER
INDIVIDUAL
being duly sworn states that
deponent is the owner or
partner of the claimant(s) mentioned in the foregoing notice of lien:
that deponent has read the said notice and knows the contents thereof and that the same is true to deponent 's own
knowledge, except as to the matters herein stated to be alleged on information and belief and that as to those matters
deponent believes it to be true.
Sworn to before me this
day of 20
Notarv Public
State of New York. County of Warren ss.: LIMITED LIABILITY COMPANY
Janet R. Konis being duly sworn. deposes and says
that deponent is the Registered Agent of North East Underlayments LLC dba North East Sprav Foam
herein. that deponent has read the foregoing notice of lien and knows the contents thereof and that the same is true to
deponent's own knowledge. except as to the matters therein stated to be alleged upon information and belief and that
as to those matters deponent believes it to be true.
The reason why this verification is made by deponent is that deponent is a Registered A gent of __
North East Underlavments LLC dba North East Sprav Foam . which is a domestic company. and is
familiar with the facts and circumstances herein.
And the sources of deponent 's information and grounds of deponent's belief as to all matters not therein
stated upon deponent 's knowledge are as follows: Books and Records, of the Comp . t
Sworn to before me is X
a 2022 Janet R. Konis. R gistered Agent
f
DIANE M. PFADENHAUER
Notarv blic Notary PuMic, State of New York
Reg. No. 01PF4882610
Qualified in Warren County
Commission Expires January 20, 20
n II II
Document Filed Date
August 08, 2023
Case Filing Date
August 08, 2023
Category
Real Property - Other (Foreclosure of Mechanic's)
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FILED: ESSEX COUNTY CLERK 08/08/2023 06:15 PM INDEX NO. CV23-0381 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/08/2023 O NOTICE UNDER MECHANIC'S LIEN LAW Y-2 To the Clerk of the County of Essex and all others whom it may concern PLEASE TAKE NOTICE, that North sast underlavments LLC dba North East Sorav Foam as lienor(s) have and claim a lien on the real property hereinafter described as follows: (1.) The names and residences of the lienors is North East Underlavments LLC dba North East Spray Foam 7 Rocky Ridge Road Warrensburg, NY 12885 being a Limited Liability Company duly organized and existine under the laws of the State of New York whose business address is at P.O. Box 471, Warrensburg, NY 12885 and whose principal place of business is at 7 Rocky Ridge Road, Warrensburg, NY 12885 have and claim a lien for the principal and interest of the price and value of the labor and material hereinafter mentioned, upon the house, building and appurtenances, and upon the lot, premises and parcel of land upon which the same may stand, or be intended to stand, hereinafter mentioned, pursuant to the Lien Law of the State of New York and all acts amending or extending the same or providing for the filing of mechanic's liens; or in force in said County in reference to mechanic's liens, and hereby states: (la.) The name and address of lienor's attorney, if any (2.) The name(s) of the owner(s) ofthe real property are Erik Obev & Savannah McCaffertv-Doviak and the interest of the owner as far as known to the lienor(s) is fee simple (3.) The name(s) of the person(s) by whom the lienor was (were) employed is Erik Obev The name(s) of the person(s) to whom the lienor(s) furnished or is (are) to furnish materials or for whom the lienor(s) performed or is (are) to perform professional services is Erik Obev The name(s) of the person(s) with whom the contract/agreement was made is Erik Obev (4.) The labor performed was apolication of sprav foam insulation on various areas of home cn The material furnished was closed cell sprav foam & open cell sorav foam The material actually manufacturedfor but not delivered to the real property is: N/A O The agreed price and value of the labor performed is $ 2,023.05 The agreed price and value of the material furnished is $ 13,958.68 The agreed price and value of the material actually manufactured for but not delivered to the real property is $ N/A Total agreed price and value $ 15 981.73 (5.) The amount unpaid to the lienor(s) for said labor performed is $ 2,023.05 The amount unpaid to the lienor(s) for said material furnished is $ 5,808.68 The amount unpaid to the lienor(s) for material actually manufactured for but not delivered to the real property is $ N/A Total amount unpaid $ 7,831.73 The total amount claimed for which this lien is filed is $ 7,831.73 (6,) The time when the first item of work was performed was July 25th 2022 The time when the first item of material was furnished was July 25th 2022 The time when the last item of work was performed was August ist 2022 The time when the last item of material was furnished was July 29th 2022 (7.) The property subject to the lien is situated in the Town of Wilmington, County of Essex and State of New York at Home on 105 Outlook Ln - Tax Map ID # 26.2-3-30.200 *** The real improved IS a single family property dwelling That said labor and materials were performed and fumished for and used, and the professional services rendered were used in the improvement of the real property hereinbefore described. That e-ight-months (four months if subject property is a single family dwelling) have not elapsed dating from the last item of work performed, and dating from the last items of materials furnished, nor since the completion of the contract, nor since the final performance of the work, nor since the final furnishing of the materials for which this lien is claimed. North East Underlayments LLC dba Nortl t S ray Foam Dated X Janet R Konis, Registered Agent 2022267209 N instr it 2022-4089 Joseph A. Provoncha, County Clerk FILED: ESSEX COUNTY CLERK 08/08/2023 06:15 PM INDEX NO. CV23-0381 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/08/2023 FILING OF NOTICE Notice of lien may befited at any time during to progress of the work and thefurnishing of materials or. within eight months after the completion of the contract, of the f inal performance of the work, or thefinal furnishing of the materials, dating from the last item of work performed or materials furnished: provided. however that where the improvement is related to real property improved or to be improved with a single family dwelling. the notice of lien may befiled a any time during the progress of the work and the furnishing of the materials. or. within four months after the completion of the contract. or thefinal performance of the work. or thefinal furnishing of the materials dating from the last item of work performed or materials furnished. The notice of lien must be )ited in the clerk's office of the county where the property is situated. If such property is situated in two or more counties. the notice of lien shall befiled in the office of the clerk of each such counties. State of New York. County of ss.: OR PARTNER INDIVIDUAL being duly sworn states that deponent is the owner or partner of the claimant(s) mentioned in the foregoing notice of lien: that deponent has read the said notice and knows the contents thereof and that the same is true to deponent 's own knowledge, except as to the matters herein stated to be alleged on information and belief and that as to those matters deponent believes it to be true. Sworn to before me this day of 20 Notarv Public State of New York. County of Warren ss.: LIMITED LIABILITY COMPANY Janet R. Konis being duly sworn. deposes and says that deponent is the Registered Agent of North East Underlayments LLC dba North East Sprav Foam herein. that deponent has read the foregoing notice of lien and knows the contents thereof and that the same is true to deponent's own knowledge. except as to the matters therein stated to be alleged upon information and belief and that as to those matters deponent believes it to be true. The reason why this verification is made by deponent is that deponent is a Registered A gent of __ North East Underlavments LLC dba North East Sprav Foam . which is a domestic company. and is familiar with the facts and circumstances herein. And the sources of deponent 's information and grounds of deponent's belief as to all matters not therein stated upon deponent 's knowledge are as follows: Books and Records, of the Comp . t Sworn to before me is X a 2022 Janet R. Konis. R gistered Agent f DIANE M. PFADENHAUER Notarv blic Notary PuMic, State of New York Reg. No. 01PF4882610 Qualified in Warren County Commission Expires January 20, 20 n II II