Preview
FILED: ESSEX COUNTY CLERK 08/08/2023 06:15 PM INDEX NO. CV23-0381
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/08/2023
NOTICE TO THE CLERK AS TO MECHANIC'S LIEN UNDERTAKING PURSUANT TO LIEN IAW
SECTION 19 (4) TO DISCHARGE A LIEN
To: ESSEX COUNTY CLERK
Mechanic's Lien Clerk
7559 Court Street
Elizabethtown, NY 12932
From: JOHN T. WILKINS, ESQ. c-a a
Attorney for Owners Erik Obey H ..1
And Savannah McCafferty-Doviak
15 Cherokee Way, Box 3 z
Lake Placid, NY 12946 ri
Property Located at 105 Outlook Lane, Wilmington, New York 12997
Amount of lien: $7831.73
Re: Discharge of Mechanic's Lien filed against Erik Obey and Savannah McCafferty-Doviak
1. On or about September 14, 2022 North East Underlayment, LLC, dba North East Spray
Foam, filed a mechanic's lien in the office of the Essex County Clerk in the amount of
$7831.73 against property located at 105 Outlook Lane, Wilmington New York 12997
owned by Erik Obey and Savannah McCafferty-Doviak. A copy of the lien is attached
hereto as Exhibit A.
2. Pursuant to Section 19 (4)(a) of the New York Lien Law, the lienees have the right to
post an undertaking or a bond in the amount of One hundred ten percent (110%) of the
lienees'
amount of the lien and in exchange to have the lien discharged as against real
property. In this case, 110% of the lien totals $8613.81.
3. New York Civil Practice Law and Rules Section 2501 (2) defines and "undertaking as "any
deposit made subject to the required condition, in the requi ed amount in legal tender
States..."
of the United om69soe
12/01/2022 12:17:00 PM
12/01/2022 12:17:00 PM 5 Pages
5 Pages LIEN SAT
IIIIIIIIIIIIIIIII
e a , Mng Cou Clem
Instr # CT2022-20
Chelsea M. Merribew, Acting County Clerk
John T tilkins, Attorney at Law 1
15 Cherokee Way, Lake Placid, New York 12946
FILED: ESSEX COUNTY CLERK 08/08/2023 06:15 PM INDEX NO. CV23-0381
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/08/2023
Treasurer"
4. Attached hereto as Exhibit B is a check payable to "Essex County in the sum
of $8613.81in the full amount of the undertaking. Upon clearing the bank, it is my
understanding that the Clerk will discharge the lien and the Treasurer will hold the
security"
$8613,81 as "replacement in place of the lien.
5. Please stamp both of the enclosed duplicate copies of this Notice to acknowledge
receipt of the undertaking and confirm the discharge of the lien due to the undertaking
and return them to me in the enclosed pre-addressed envelope.
Dated: Lake Placid, New York
November 30, 2022
Respectfully submitted,
N T. WILKINS, ESQ.
15 Cherokee Way, Box 3
Lake Placid, New York 12946
John T Wilkins, Attorney at Law 2
15 Cherokee Way, Lake Placid, New York 12946
FILED: ESSEX COUNTY CLERK 08/08/2023 06:15 PM INDEX NO. CV23-0381
INSTR#: DOC.
NYSCEF 2022-4089
NO. 3 09/14/2022 LIEN Image: 1 of 2 RECEIVED NYSCEF: 08/08/2023
T--
NOTICE UNDER MECHANIC'S LIEN LAW Y-2
To the Clerk ofthe County of Essex and all others whom it may concern
PLEASE TAKE NOTICE,that North sast underlavments LLC dba North sast Sprov roam
as lienor(s) have and claim a lien on the real property hereinafter described as follows:
(1.) The names and residences ofthe lienors is North East Underlayments LLC dba North East Spray Foam
7 Rocky Ridge Road
Warrensburg, NY 12885
being a Limited Liability Company duly organi:ed and existing 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) of the real property are Erik Obey & Savannah McCafferty-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 &ik Obey
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 Obey
The name(s) of the person(s) with whom the contract/agreement was made is Erik Obev
(4.) The labor performed was application of spray foam insulation on various areas of home ¬ en
The material furnished was closed cell sprav foam & open cell sprav foam ·
The material actually manufactured for but not delivered to the real property is:
N/A
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 ofthe material actually manufacturedfor but not delivered to the
real property is $ NA
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 thefirst item of work was performed was July 25th 2022
The time when the first item of material wasfurnished 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 property improved IS a single family dwelling
That said labor and materials were performed and furnished for and used,and the professional services renderedwere used
in the improvement of the real property hereinbefore described. That eigh•menths(four months if subject property is a
single family dwelling) have not elapseddating from the last item of work performed, and dating from the last items of
materials fumished, 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 Nort| t S ray Foam
Dated X 7 dM0
Janet R. Konis, Registered Agent
instr # 2022-4089
JosephA. Provoncha,CountyClerk
FILED: ESSEX COUNTY CLERK 08/08/2023 06:15 PM INDEX NO. CV23-0381
INSTR#: 2022-4089 09/14/2022 LIEN Image: 2 of 2
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/08/2023
FILING OF NOTICE
Notice of lien may befiled at any time during to progress of the work and theJiirnishing of materials or. within eight
monthsafter the completion of the contract, of thefinal performance of the work. or thefinal furnishing of the materials. datingfrom
the last item of work performed or materialsfurnished: provided. however that where the improvement is related to real property
improved or to be improved with a singlefamily dwelling. the notice of lien may befiled a any time during the progress of the work
and thefurnishing of the materials. or. within four monthsafter the completion of the contract, or thefinal performance of the work.
or thefinalfurnishing of the materials dating from the last item of work performed or materialsfurnished. Thenotice of lien must be
filed in the clerk's ofice of the county where the property is situated If suchproperty is situated in two or more counties. the notice of
lien shall bef iled in the ofice of the clerk of each such counties.
State of New York. County of ss.: INDIVIDUAL
OR PARTNER
being duly swom 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
Notary 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 Underlavments LLC dba North East Spray 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 Underlayments LLC dba North East Spray 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 asfollows: Books and Records of the Comp . t
Sworn to before me is ___
a 2022 Janet R. Konis. R gistered Agent
' ^ (
( t. i
- DIANE M. PFADENHÁUER
Notarv blic Notary Public, State of New York
Reg. No. 01PF4882610
Quellfled in Warren County
Commission Expires January 20, 201
II -- II
FILED: ESSEX COUNTY CLERK 08/08/2023 06:15 PM INDEX NO. CV23-0381
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/08/2023
DOCUMENT
THIS HAS
ATRUE
WATERMARK. OFTHEDOCUMENT
THEFRONT AMICRD-PRINT
HAS SIGNATURE
LINE. OFTHESE
ABSENCE FEATURES
WILL
INDICATE
ACOPY.
Official Check
2328927
*
REMITTER
ER1K T OBEY 11/30/2022
DATE
PAY
TO THE ESSEX COUNTY TREASURER $8,613.73
ORDER OF $
Cents***
***Eight Thousand Six Hundred Thirteen Dollars and Seventy Three
DOI I ARS
BO 6 AP
DRAWEE: BOKF,NA,EUFAULA,OK
AGENTFORMONEYGRAM Two S nahues Required for Amounts Over $1%,000.S
n" ?u" 2ti*
2 3 28 9 2 u: 10 3 100 5 5 as:0 & 500 101. 280 &
Date 11/30/2022
CUSTOMER COPY
NBT Bank
ERIK T OBEY
ESSEX COUNTY TREASURER $8,613.73
Eight Thousand Six Hundred Thirteen Dollars and Seventy Three Cents
Preview
FILED: ESSEX COUNTY CLERK 08/08/2023 06:15 PM INDEX NO. CV23-0381 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/08/2023 NOTICE TO THE CLERK AS TO MECHANIC'S LIEN UNDERTAKING PURSUANT TO LIEN IAW SECTION 19 (4) TO DISCHARGE A LIEN To: ESSEX COUNTY CLERK Mechanic's Lien Clerk 7559 Court Street Elizabethtown, NY 12932 From: JOHN T. WILKINS, ESQ. c-a a Attorney for Owners Erik Obey H ..1 And Savannah McCafferty-Doviak 15 Cherokee Way, Box 3 z Lake Placid, NY 12946 ri Property Located at 105 Outlook Lane, Wilmington, New York 12997 Amount of lien: $7831.73 Re: Discharge of Mechanic's Lien filed against Erik Obey and Savannah McCafferty-Doviak 1. On or about September 14, 2022 North East Underlayment, LLC, dba North East Spray Foam, filed a mechanic's lien in the office of the Essex County Clerk in the amount of $7831.73 against property located at 105 Outlook Lane, Wilmington New York 12997 owned by Erik Obey and Savannah McCafferty-Doviak. A copy of the lien is attached hereto as Exhibit A. 2. Pursuant to Section 19 (4)(a) of the New York Lien Law, the lienees have the right to post an undertaking or a bond in the amount of One hundred ten percent (110%) of the lienees' amount of the lien and in exchange to have the lien discharged as against real property. In this case, 110% of the lien totals $8613.81. 3. New York Civil Practice Law and Rules Section 2501 (2) defines and "undertaking as "any deposit made subject to the required condition, in the requi ed amount in legal tender States..." of the United om69soe 12/01/2022 12:17:00 PM 12/01/2022 12:17:00 PM 5 Pages 5 Pages LIEN SAT IIIIIIIIIIIIIIIII e a , Mng Cou Clem Instr # CT2022-20 Chelsea M. Merribew, Acting County Clerk John T tilkins, Attorney at Law 1 15 Cherokee Way, Lake Placid, New York 12946 FILED: ESSEX COUNTY CLERK 08/08/2023 06:15 PM INDEX NO. CV23-0381 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/08/2023 Treasurer" 4. Attached hereto as Exhibit B is a check payable to "Essex County in the sum of $8613.81in the full amount of the undertaking. Upon clearing the bank, it is my understanding that the Clerk will discharge the lien and the Treasurer will hold the security" $8613,81 as "replacement in place of the lien. 5. Please stamp both of the enclosed duplicate copies of this Notice to acknowledge receipt of the undertaking and confirm the discharge of the lien due to the undertaking and return them to me in the enclosed pre-addressed envelope. Dated: Lake Placid, New York November 30, 2022 Respectfully submitted, N T. WILKINS, ESQ. 15 Cherokee Way, Box 3 Lake Placid, New York 12946 John T Wilkins, Attorney at Law 2 15 Cherokee Way, Lake Placid, New York 12946 FILED: ESSEX COUNTY CLERK 08/08/2023 06:15 PM INDEX NO. CV23-0381 INSTR#: DOC. NYSCEF 2022-4089 NO. 3 09/14/2022 LIEN Image: 1 of 2 RECEIVED NYSCEF: 08/08/2023 T-- NOTICE UNDER MECHANIC'S LIEN LAW Y-2 To the Clerk ofthe County of Essex and all others whom it may concern PLEASE TAKE NOTICE,that North sast underlavments LLC dba North sast Sprov roam as lienor(s) have and claim a lien on the real property hereinafter described as follows: (1.) The names and residences ofthe lienors is North East Underlayments LLC dba North East Spray Foam 7 Rocky Ridge Road Warrensburg, NY 12885 being a Limited Liability Company duly organi:ed and existing 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) of the real property are Erik Obey & Savannah McCafferty-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 &ik Obey 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 Obey The name(s) of the person(s) with whom the contract/agreement was made is Erik Obev (4.) The labor performed was application of spray foam insulation on various areas of home ¬ en The material furnished was closed cell sprav foam & open cell sprav foam · The material actually manufactured for but not delivered to the real property is: N/A 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 ofthe material actually manufacturedfor but not delivered to the real property is $ NA 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 thefirst item of work was performed was July 25th 2022 The time when the first item of material wasfurnished 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 property improved IS a single family dwelling That said labor and materials were performed and furnished for and used,and the professional services renderedwere used in the improvement of the real property hereinbefore described. That eigh•menths(four months if subject property is a single family dwelling) have not elapseddating from the last item of work performed, and dating from the last items of materials fumished, 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 Nort| t S ray Foam Dated X 7 dM0 Janet R. Konis, Registered Agent instr # 2022-4089 JosephA. Provoncha,CountyClerk FILED: ESSEX COUNTY CLERK 08/08/2023 06:15 PM INDEX NO. CV23-0381 INSTR#: 2022-4089 09/14/2022 LIEN Image: 2 of 2 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/08/2023 FILING OF NOTICE Notice of lien may befiled at any time during to progress of the work and theJiirnishing of materials or. within eight monthsafter the completion of the contract, of thefinal performance of the work. or thefinal furnishing of the materials. datingfrom the last item of work performed or materialsfurnished: provided. however that where the improvement is related to real property improved or to be improved with a singlefamily dwelling. the notice of lien may befiled a any time during the progress of the work and thefurnishing of the materials. or. within four monthsafter the completion of the contract, or thefinal performance of the work. or thefinalfurnishing of the materials dating from the last item of work performed or materialsfurnished. Thenotice of lien must be filed in the clerk's ofice of the county where the property is situated If suchproperty is situated in two or more counties. the notice of lien shall bef iled in the ofice of the clerk of each such counties. State of New York. County of ss.: INDIVIDUAL OR PARTNER being duly swom 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 Notary 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 Underlavments LLC dba North East Spray 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 Underlayments LLC dba North East Spray 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 asfollows: Books and Records of the Comp . t Sworn to before me is ___ a 2022 Janet R. Konis. R gistered Agent ' ^ ( ( t. i - DIANE M. PFADENHÁUER Notarv blic Notary Public, State of New York Reg. No. 01PF4882610 Quellfled in Warren County Commission Expires January 20, 201 II -- II FILED: ESSEX COUNTY CLERK 08/08/2023 06:15 PM INDEX NO. CV23-0381 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/08/2023 DOCUMENT THIS HAS ATRUE WATERMARK. OFTHEDOCUMENT THEFRONT AMICRD-PRINT HAS SIGNATURE LINE. OFTHESE ABSENCE FEATURES WILL INDICATE ACOPY. Official Check 2328927 * REMITTER ER1K T OBEY 11/30/2022 DATE PAY TO THE ESSEX COUNTY TREASURER $8,613.73 ORDER OF $ Cents*** ***Eight Thousand Six Hundred Thirteen Dollars and Seventy Three DOI I ARS BO 6 AP DRAWEE: BOKF,NA,EUFAULA,OK AGENTFORMONEYGRAM Two S nahues Required for Amounts Over $1%,000.S n" ?u" 2ti* 2 3 28 9 2 u: 10 3 100 5 5 as:0 & 500 101. 280 & Date 11/30/2022 CUSTOMER COPY NBT Bank ERIK T OBEY ESSEX COUNTY TREASURER $8,613.73 Eight Thousand Six Hundred Thirteen Dollars and Seventy Three Cents