On March 26, 2024 a
Motion-Secondary
was filed
involving a dispute between
In The Matter Of The Petition Of Nrc Commercial & Residential Inc. To Continue A Mechanic'S Lien,
and
1825 Rsd Inc.
As Owner,
for Special Proceedings - Mechanic's Lien
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 03/26/2024 05:27 PM INDEX NO. 152801/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/26/2024
Supreme Court of the State of New York
County of NEW YORK
_____________________________________________Ç
Petition of
INDEX NO. /2024
In the Matter of the
NRC COMMERCIAL & RESIDENTIAL INC.
AFFIDAVIT IN SUPPORT OF
to Continue a Mechanic's Lien
1825 RSD INC.
PETITION FOR AN ORDER
against
FOR AN EXTENSION OF
as Owner(s)
_____------________________________________Ç MECHANIC'S LIEN
IRWIN ROSEN, being duly sworn, deposes and says that, he is the AGENT of
Petitioner NRC COMMERCIAL & RESIDENTIAL INC. ("Lienor").
On April 26, 2022, Lienor filed a Notice Under Mechanic's Lien Law ("Notice") in
the New York County Clerk's office and which was entered in the New York County
duly
Clerk's office against certain real property situated in the County of NEW YORK, which
is more described in the Notice Under Mechanic's Lien Law, a copy of which
particularly
"1"
is annexed hereto as Exhibit and made a part of this proceeding, which Notice was
filed against the above-named 1825 RSD INC., as Owner of said property, and said
Notice was duly docketed by the NEW YORK County Clerk on April 26, 2022.
On April 6, 2023, Lienor filed an Extension of Mechanic's Lien ("Extension") in
the New York County Clerk's office and which was duly entered in the New York County
Clerk's office against certain real property situated in the County of New York, which is
more particularly described in the Extension, a copy of which is annexed hereto as
"2"
Exhibit and made a part of this proceeding, which Extension was filed against the
above-named 1825 RSD INC., as Owner of said property, and said Extension was duly
docketed the New York County Clerk on April 6, 2023.
by
Said notice of lien was filed within eight-months after the completion of said labor
and the furnishing of said material mentioned in said lien.
1 of 2
FILED: NEW YORK COUNTY CLERK 03/26/2024 05:27 PM INDEX NO. 152801/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/26/2024
No action has been commenced or other proceedings taken to enforce said lien
or the debt which said lien was filed to secure, against the said real property or against
the said owner 1825 RSD INC., or the said, nor has said lien been cancelled or
otherwise discharged and the whole amount therein claimed is now due and payable
from the said owner 1825 RSD INC. to Lienor.
No action has been taken to enforce said lien up to this time for the reason that
Lienor was to resolve the lien and the monies owed to Lienor without
attempting
incurring the costs for Lienor and the owner which would be required to be
property
expended for a foreclosure to foreclose the Mechanic's Lien, however,
proceeding
within the next one year, Lienor intends to commence an action for foreclosure of the
Mechanic's Lien in the event that within said year, Lienor is not paid the monies owed
under the Notice of Mechanic's Lien previously filed.
Lienor therefore asks that an order may be entered extending and continuing
said lien for a period of one (1) year.
No previous application for such an Order has been made.
IRWIN ROSEN
Agent
Sworn to before me this
12th day of March, 2
Nota Public
JARED ROSEN
NoTARY PUBLIC-STATE oF NEW YORK
No.0 2 RO6 289099
QuallfledinNassaucounty
MyCommissionExpires09-2 3-20 26
2 of 2
Document Filed Date
March 26, 2024
Case Filing Date
March 26, 2024
Category
Special Proceedings - Mechanic's Lien
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FILED: NEW YORK COUNTY CLERK 03/26/2024 05:27 PM INDEX NO. 152801/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/26/2024 Supreme Court of the State of New York County of NEW YORK _____________________________________________Ç Petition of INDEX NO. /2024 In the Matter of the NRC COMMERCIAL & RESIDENTIAL INC. AFFIDAVIT IN SUPPORT OF to Continue a Mechanic's Lien 1825 RSD INC. PETITION FOR AN ORDER against FOR AN EXTENSION OF as Owner(s) _____------________________________________Ç MECHANIC'S LIEN IRWIN ROSEN, being duly sworn, deposes and says that, he is the AGENT of Petitioner NRC COMMERCIAL & RESIDENTIAL INC. ("Lienor"). On April 26, 2022, Lienor filed a Notice Under Mechanic's Lien Law ("Notice") in the New York County Clerk's office and which was entered in the New York County duly Clerk's office against certain real property situated in the County of NEW YORK, which is more described in the Notice Under Mechanic's Lien Law, a copy of which particularly "1" is annexed hereto as Exhibit and made a part of this proceeding, which Notice was filed against the above-named 1825 RSD INC., as Owner of said property, and said Notice was duly docketed by the NEW YORK County Clerk on April 26, 2022. On April 6, 2023, Lienor filed an Extension of Mechanic's Lien ("Extension") in the New York County Clerk's office and which was duly entered in the New York County Clerk's office against certain real property situated in the County of New York, which is more particularly described in the Extension, a copy of which is annexed hereto as "2" Exhibit and made a part of this proceeding, which Extension was filed against the above-named 1825 RSD INC., as Owner of said property, and said Extension was duly docketed the New York County Clerk on April 6, 2023. by Said notice of lien was filed within eight-months after the completion of said labor and the furnishing of said material mentioned in said lien. 1 of 2 FILED: NEW YORK COUNTY CLERK 03/26/2024 05:27 PM INDEX NO. 152801/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/26/2024 No action has been commenced or other proceedings taken to enforce said lien or the debt which said lien was filed to secure, against the said real property or against the said owner 1825 RSD INC., or the said, nor has said lien been cancelled or otherwise discharged and the whole amount therein claimed is now due and payable from the said owner 1825 RSD INC. to Lienor. No action has been taken to enforce said lien up to this time for the reason that Lienor was to resolve the lien and the monies owed to Lienor without attempting incurring the costs for Lienor and the owner which would be required to be property expended for a foreclosure to foreclose the Mechanic's Lien, however, proceeding within the next one year, Lienor intends to commence an action for foreclosure of the Mechanic's Lien in the event that within said year, Lienor is not paid the monies owed under the Notice of Mechanic's Lien previously filed. Lienor therefore asks that an order may be entered extending and continuing said lien for a period of one (1) year. No previous application for such an Order has been made. IRWIN ROSEN Agent Sworn to before me this 12th day of March, 2 Nota Public JARED ROSEN NoTARY PUBLIC-STATE oF NEW YORK No.0 2 RO6 289099 QuallfledinNassaucounty MyCommissionExpires09-2 3-20 26 2 of 2