RIVERHEAD – In resolving an apparent conflict between two sections of New York Lien Law, State Supreme Court Justice James M. Catterson has ruled in two nearly identical decisions that a town, as property owner, is no longer a necessary party once a lien on a public improvement project is bonded and discharged.
Both cases stem from a payment dispute between the general contractor and subcontractors hired to help permanently cap and close five cells of the Smithtown landfill. Ruttura v. Breco, 16090-00, asserts a claim for $85,663 in unpaid bills for soil and other materials used to regrade and seal the landfill, while Durante v. Breco, 6130/01, seeks $156,091 for similar services.
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