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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 14, 2026 |
| Citation | 2026 NY Slip Op 05929 |
| Area of law | Labor Law and Construction Accidents |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05929 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1166 |
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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