Preview
FILED: ULSTER COUNTY CLERK 06/11/2024 03:34 PM INDEX NO. EF2024-1557
DocuSign Envelope ID: 3A2D5EAC-76C0-45F6-93E2-8E752A304877
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ULSTER
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KINGSTON AREA SOCCER LEAGUE, INC., VERIFIED PETITION
Petitioner,
-against- Index Number:
SUNBELT RENTALS, INC.,
Defendant.
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Petitioner, by its attorneys, Law Offices of Miller & Kahn, as and for its Petition alleges
and sets forth as follows:
1. Petitioner, Kingston Area Soccer League, Inc. (herein “KASL”) is a domestic not for
profit corporation with its offices located at 28 Jefferson Avenue Post Office Box 6384
Kingston, New York 12402.
2. Upon information and belief, Respondent Sunbelt Rentals, Inc. (herein “Sunbelt” or
“Lienor”) is a domestic corporation with offices and a place of business located at 150
Nassau Avenue Islip, New York 11751.
3. Upon information and belief, Sunbelt is a foreign corporation authorized to do business
in the State of New York with offices and a place of business in the State of New York
located at 150 Nassau Avenue Islip, New York 11751.
4. On or about January 8, 2024, Sunbelt filed a Notice Under Mechanics Lien with the
Ulster County Clerk (“the Lien”) in the amount of $17,724.84 dollars claiming against
All Pros Construction Services (as contractor) and KASL as owner of the subject
property located at 1 Kukuk Lane Kingston, New York 12401.
5. The Lien was filed with the Ulster County Clerk as Instrument 2024-14 at Book 313 and
Page 149 as against Section 39.16; Block 4; Lot 1.100.
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FILED: ULSTER COUNTY CLERK 06/11/2024 03:34 PM INDEX NO. EF2024-1557
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024
6. A true copy of the Lien is annexed hereto as Exhibit “A” to this Petition.
7. On March 28, 2024, Sunbelt was served with a Notice Pursuant to New York Lien Law
Section 59 (herein “Section 59 Notice) requiring Sunbelt to enforce the Lien on or
before thirty (30) days from the date of service of the Notice. Service of the Section 59
Notice was made at 150 Nassau Avenue Islip, New York 11751 upon Marianne
Abrignani, a person of suitable age and discretion who identified herself as the person
authorized to accept service in this matter.
8. The Section 59 Notice was signed by Hardeepak Malvai, who is the Vice President of
KASL.
9. Marianne Abrignani, the individual served on behalf of Sunbelt, is the same Sunbelt
individual who is identified on the top left portion of the Lien.
10. A true copy of the Section 59 Notice is annexed to this Petition as Exhibit “B”, and a
true copy of the Affidavit of Service of the Section 59 Notice is annexed to this Petition
as Exhibit “C”.
11. Therefore, the Section 59 Notice required Sunbelt to enforce the lien within thirty (30)
days counting from March 28, 2024.
12. More than thirty (30) days have passed since the date of service of the Section 59 Notice
and Sunbelt has failed and neglected to enforce the Lien.
13. Annexed hereto as Exhibit “D” is a printout from the office of the Ulster County Clerk
which the attorney for KASL obtained on or about June 7, 2024. The printout identifies
the five (5) Ulster County Clerk filings in connection with KASL.
14. The relevant portions of Exhibit “D” indicate that the Lien was filed with the Ulster
County Clerk January 8, 2024, by Sunbelt, which was followed by a filing by Sunbelt of
an Affidavit of Mechanics Lien on January 26, 2024.
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FILED: ULSTER COUNTY CLERK 06/11/2024 03:34 PM INDEX NO. EF2024-1557
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024
15. There are no further filings to the County Clerk records subsequent to January 26, 2024,
such as a Notice of Pendency or Lawsuit, which if filed would indicate that Sunbelt had
indeed acted upon the Section 59 Notice to enforce its lien.
16. Sunbelt has sat by idly and has done nothing since being served with the Section 59
Notice March 28, 2024.
17. At the time of the making of this Petition, no action has been commenced by Sunbelt to
foreclose the Lien nor has the Lien been otherwise discharged or cancelled of record.
18. N.Y. Lien Law Section 59 in pertinent part provides:
a. Vacating of a Mechanic’s Lien: If a mechanic’s lien notice has been filed on real property
or a bond has been given to discharge the same, it can be vacated and canceled by an order of
a court of record.
b. Notice Requirement: Before granting such an order, the applicant must serve a
notice upon the lienor. The notice can be served personally or by leaving it at the
lienor’s last known place of residence with a person of suitable age, who is directed to
deliver it to the lienor.
c. Action to Enforce Lien: The notice requires the lienor to either commence an action
to enforce the lien within a specified time (within thirty days from the time of service)
or show cause at a special term of a court of record why the notice of lien filed or the
bond given should not be vacated and canceled, or the deposit returned.
d. Failure to Enforce Lien: Proof of service of the Section 59 Notice and of the lienor’s
failure to commence an action within the time prescribed shall result in an Order
discharging the lien.
19. In a proceeding under Lien Law § 59 to vacate a mechanic's lien, the lienor must
commence an action within the time specified in the notice or show sufficient cause why
it has not done so. Matter of Selwyn Realty Corp., 184 App Div. 355 [1 Dept 1918], affd
224 NY 559.
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FILED: ULSTER COUNTY CLERK 06/11/2024 03:34 PM INDEX NO. EF2024-1557
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024
20. “The failure of Debut Concrete & General Construction, Inc. to commence an action on
or before April 30, 2007, requires this Respondent to demonstrate the reasons the
mechanic's lien should not be vacated for failure to comply with Lien Law §
59 (see, Marple v. Sorg, 230 A.D.2d 858, 646 N.Y.S.2d 543).
21. If the action to foreclose the lien was not timely commenced by the lienor after service
of a notice pursuant to Lien Law § 59, it is within the discretion of the Court to cancel
the lien upon commencement of a proceeding to vacate the lien upon the real property.”
See M3GH Properties LLC v. Debut Concrete & General Construction, Inc. 18 Misc.
3d 1108 (A) 2007.
22. For all the foregoing reasons, the Lien should be discharged for failure to commence an
action to foreclose on the Lien following service of the Section 59 Notice.
23. No prior application for the relief requested herein has been made to this Court or to any
other.
WHEREFORE, Petitioner requests as follows:
a. An Order and Judgment vacating the Notice Under Mechanics Lien filed with the Ulster
County Clerk’s office January 8, 2024, in the sum of $17,724.84 as Instrument No. 2024-
14 at Book 313 and Page 149 as against Section 39.16; Block 4; Lot 1.100.
b. Such other and further relief as this Court may deem just and proper.
together with the costs of these proceedings.
Dated: Kingston, New York
June 11, 2024 LAW OFFICES OF MILLER & KAHN
Attorneys for Petitioner
39 North Front Street
Kingston, New York 12401
(718) 797-0700
scott@millerkahn.com
DocuSigned by:
by:
Scott A. Miller
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FILED: ULSTER COUNTY CLERK 06/11/2024 03:34 PM INDEX NO. EF2024-1557
DocuSign Envelope ID: 3A2D5EAC-76C0-45F6-93E2-8E752A304877
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024
VERIFICATION
State of NewYork )
ss.
County of Ulster )
Hardeepak Malvai, being duly sworn, deposes and says:
1. I am an officer and principal of the Petitioner in this proceeding.
2. As such I am fully familiar with the facts and circumstances of this case.
3. I have read the annexed Petition in this matter, and I know the contents thereof; the
same is true to my own knowledge, except as to those matters therein stated to be alleged upon
information and belief, and as to those matters, I believe them to be true.
Sworn to b for e this
Day une 022þ
Notary Pub
SCOTTA. MILLER
Notary Public-New
York
#4845604
Qualified in Ulster County
28, 20 C
Commission hpires February
5 of 5
Preview
FILED: ULSTER COUNTY CLERK 06/11/2024 03:34 PM INDEX NO. EF2024-1557 DocuSign Envelope ID: 3A2D5EAC-76C0-45F6-93E2-8E752A304877 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ULSTER ------------------------------------------------------------------X KINGSTON AREA SOCCER LEAGUE, INC., VERIFIED PETITION Petitioner, -against- Index Number: SUNBELT RENTALS, INC., Defendant. -------------------------------------------------------------------X Petitioner, by its attorneys, Law Offices of Miller & Kahn, as and for its Petition alleges and sets forth as follows: 1. Petitioner, Kingston Area Soccer League, Inc. (herein “KASL”) is a domestic not for profit corporation with its offices located at 28 Jefferson Avenue Post Office Box 6384 Kingston, New York 12402. 2. Upon information and belief, Respondent Sunbelt Rentals, Inc. (herein “Sunbelt” or “Lienor”) is a domestic corporation with offices and a place of business located at 150 Nassau Avenue Islip, New York 11751. 3. Upon information and belief, Sunbelt is a foreign corporation authorized to do business in the State of New York with offices and a place of business in the State of New York located at 150 Nassau Avenue Islip, New York 11751. 4. On or about January 8, 2024, Sunbelt filed a Notice Under Mechanics Lien with the Ulster County Clerk (“the Lien”) in the amount of $17,724.84 dollars claiming against All Pros Construction Services (as contractor) and KASL as owner of the subject property located at 1 Kukuk Lane Kingston, New York 12401. 5. The Lien was filed with the Ulster County Clerk as Instrument 2024-14 at Book 313 and Page 149 as against Section 39.16; Block 4; Lot 1.100. 1 of 5 FILED: ULSTER COUNTY CLERK 06/11/2024 03:34 PM INDEX NO. EF2024-1557 DocuSign Envelope ID: 3A2D5EAC-76C0-45F6-93E2-8E752A304877 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 6. A true copy of the Lien is annexed hereto as Exhibit “A” to this Petition. 7. On March 28, 2024, Sunbelt was served with a Notice Pursuant to New York Lien Law Section 59 (herein “Section 59 Notice) requiring Sunbelt to enforce the Lien on or before thirty (30) days from the date of service of the Notice. Service of the Section 59 Notice was made at 150 Nassau Avenue Islip, New York 11751 upon Marianne Abrignani, a person of suitable age and discretion who identified herself as the person authorized to accept service in this matter. 8. The Section 59 Notice was signed by Hardeepak Malvai, who is the Vice President of KASL. 9. Marianne Abrignani, the individual served on behalf of Sunbelt, is the same Sunbelt individual who is identified on the top left portion of the Lien. 10. A true copy of the Section 59 Notice is annexed to this Petition as Exhibit “B”, and a true copy of the Affidavit of Service of the Section 59 Notice is annexed to this Petition as Exhibit “C”. 11. Therefore, the Section 59 Notice required Sunbelt to enforce the lien within thirty (30) days counting from March 28, 2024. 12. More than thirty (30) days have passed since the date of service of the Section 59 Notice and Sunbelt has failed and neglected to enforce the Lien. 13. Annexed hereto as Exhibit “D” is a printout from the office of the Ulster County Clerk which the attorney for KASL obtained on or about June 7, 2024. The printout identifies the five (5) Ulster County Clerk filings in connection with KASL. 14. The relevant portions of Exhibit “D” indicate that the Lien was filed with the Ulster County Clerk January 8, 2024, by Sunbelt, which was followed by a filing by Sunbelt of an Affidavit of Mechanics Lien on January 26, 2024. 2 of 5 FILED: ULSTER COUNTY CLERK 06/11/2024 03:34 PM INDEX NO. EF2024-1557 DocuSign Envelope ID: 3A2D5EAC-76C0-45F6-93E2-8E752A304877 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 15. There are no further filings to the County Clerk records subsequent to January 26, 2024, such as a Notice of Pendency or Lawsuit, which if filed would indicate that Sunbelt had indeed acted upon the Section 59 Notice to enforce its lien. 16. Sunbelt has sat by idly and has done nothing since being served with the Section 59 Notice March 28, 2024. 17. At the time of the making of this Petition, no action has been commenced by Sunbelt to foreclose the Lien nor has the Lien been otherwise discharged or cancelled of record. 18. N.Y. Lien Law Section 59 in pertinent part provides: a. Vacating of a Mechanic’s Lien: If a mechanic’s lien notice has been filed on real property or a bond has been given to discharge the same, it can be vacated and canceled by an order of a court of record. b. Notice Requirement: Before granting such an order, the applicant must serve a notice upon the lienor. The notice can be served personally or by leaving it at the lienor’s last known place of residence with a person of suitable age, who is directed to deliver it to the lienor. c. Action to Enforce Lien: The notice requires the lienor to either commence an action to enforce the lien within a specified time (within thirty days from the time of service) or show cause at a special term of a court of record why the notice of lien filed or the bond given should not be vacated and canceled, or the deposit returned. d. Failure to Enforce Lien: Proof of service of the Section 59 Notice and of the lienor’s failure to commence an action within the time prescribed shall result in an Order discharging the lien. 19. In a proceeding under Lien Law § 59 to vacate a mechanic's lien, the lienor must commence an action within the time specified in the notice or show sufficient cause why it has not done so. Matter of Selwyn Realty Corp., 184 App Div. 355 [1 Dept 1918], affd 224 NY 559. 3 of 5 FILED: ULSTER COUNTY CLERK 06/11/2024 03:34 PM INDEX NO. EF2024-1557 DocuSign Envelope ID: 3A2D5EAC-76C0-45F6-93E2-8E752A304877 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 20. “The failure of Debut Concrete & General Construction, Inc. to commence an action on or before April 30, 2007, requires this Respondent to demonstrate the reasons the mechanic's lien should not be vacated for failure to comply with Lien Law § 59 (see, Marple v. Sorg, 230 A.D.2d 858, 646 N.Y.S.2d 543). 21. If the action to foreclose the lien was not timely commenced by the lienor after service of a notice pursuant to Lien Law § 59, it is within the discretion of the Court to cancel the lien upon commencement of a proceeding to vacate the lien upon the real property.” See M3GH Properties LLC v. Debut Concrete & General Construction, Inc. 18 Misc. 3d 1108 (A) 2007. 22. For all the foregoing reasons, the Lien should be discharged for failure to commence an action to foreclose on the Lien following service of the Section 59 Notice. 23. No prior application for the relief requested herein has been made to this Court or to any other. WHEREFORE, Petitioner requests as follows: a. An Order and Judgment vacating the Notice Under Mechanics Lien filed with the Ulster County Clerk’s office January 8, 2024, in the sum of $17,724.84 as Instrument No. 2024- 14 at Book 313 and Page 149 as against Section 39.16; Block 4; Lot 1.100. b. Such other and further relief as this Court may deem just and proper. together with the costs of these proceedings. Dated: Kingston, New York June 11, 2024 LAW OFFICES OF MILLER & KAHN Attorneys for Petitioner 39 North Front Street Kingston, New York 12401 (718) 797-0700 scott@millerkahn.com DocuSigned by: by: Scott A. Miller 4 of 5 FILED: ULSTER COUNTY CLERK 06/11/2024 03:34 PM INDEX NO. EF2024-1557 DocuSign Envelope ID: 3A2D5EAC-76C0-45F6-93E2-8E752A304877 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024 VERIFICATION State of NewYork ) ss. County of Ulster ) Hardeepak Malvai, being duly sworn, deposes and says: 1. I am an officer and principal of the Petitioner in this proceeding. 2. As such I am fully familiar with the facts and circumstances of this case. 3. I have read the annexed Petition in this matter, and I know the contents thereof; the same is true to my own knowledge, except as to those matters therein stated to be alleged upon information and belief, and as to those matters, I believe them to be true. Sworn to b for e this Day une 022þ Notary Pub SCOTTA. MILLER Notary Public-New York #4845604 Qualified in Ulster County 28, 20 C Commission hpires February 5 of 5