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Robert B. Samuels, Inc. v. CSG Construction Corp.
Citations: 258 A.D.2d 474; 683 N.Y.S.2d 539
Court: Appellate Division of the Supreme Court of the State of New York; January 18, 1999; New York; State Appellate Court
The Supreme Court of New York County, presided by Justice Alfred Toker, issued an order on May 30, 1997, granting summary judgment in favor of defendants James J. Varga and Jerry Friedman, dismissing the complaint based on the expiration of the one-year limitations period as specified in Lien Law § 77(2). The court unanimously affirmed this decision, citing the plaintiff's failure to provide sufficient evidentiary proof to counter the defendants' demonstration that the work in question was completed over a year prior to the filing of the lawsuit. The court addressed the plaintiff's argument regarding tolling the limitations period, stating that there was no sufficient basis in the record to support such a tolling concerning the claims against Varga and Friedman. Despite the alleged link between these defendants and the insolvent corporation CSG, the plaintiff did not present evidence justifying the extension of the bankruptcy stay to include the claims against the solvent co-defendants. The order was concurred by Justices Williams, Wallach, Andrias, and Saxe.