ESQ HQNEW YORK LAW WATCH

Appellate Division, Second Department · October 14, 2026 · 2026 NY Slip Op 05929

CFS Enterprises, Inc. v CG & J Realty, LLC

Read the official decision: 2026 NY Slip Op 05929

Holding The court affirmed the denial of the defendant’s motion to vacate a mechanic’s lien bond because the defendant failed to strictly comply with the service requirements of Lien Law § 59. Additionally, the court denied the plaintiff’s request for attorneys’ fees, finding that the defendant’s appeal was not frivolous.

The court’s words

the defendant merely filed on NYSCEF the order to show cause informing the plaintiff of the defendant's intention to vacate the bond and did not personally serve it on the plaintiff

2026 NY Slip Op 05929, at the official text

Strict compliance with the statutory requirements is mandated and the court does not have discretion to excuse noncompliance

2026 NY Slip Op 05929, at the official text

the plaintiff failed to establish that the defendant's conduct was frivolous within the meaning of 22 NYCRR 130-1.1(c)

2026 NY Slip Op 05929, at the official text
CourtAppellate Division, Second Department
DecidedOctober 14, 2026
Citation2026 NY Slip Op 05929
Area of lawLabor Law and Construction Accidents
WeekWeek ending October 17, 2026
Official textOfficial decision: 2026 NY Slip Op 05929
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1166

Recommended citation

ESQ HQ, New York Law Watch, CFS Enterprises, Inc. v CG & J Realty, LLC, 2026 NY Slip Op 05929 (Appellate Division, Second Department, October 14, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05929/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published October 14, 2026. Updated October 14, 2026.