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Matter of Commander Electric, Inc. v. Lerner

Appellate Division of the Supreme Court of New York, Second Department
Oct 5, 1976
54 A.D.2d 698 (N.Y. App. Div. 1976)

Opinion

October 5, 1976


In a proceeding to amend a notice of mechanic's lien, nunc pro tunc, by adding thereto the names of the true owners of the premises involved, the appeal is from an order of the Supreme Court, Suffolk County, dated September 12, 1975, which granted the application. Order affirmed, with $50 costs and disbursements. The notice of lien as filed was effective against the lessee named therein as the owner. Section 12-a (subd 2) of the Lien Law provides for an amendment, nunc pro tunc, to a valid notice of lien. The true owners cannot oppose the amendment upon the ground of prejudice because they do not fall within any category enumerated in the aforesaid section. Hopkins, Acting P.J., Margett, Damiani, Shapiro and Titone, JJ., concur.


Summaries of

Matter of Commander Electric, Inc. v. Lerner

Appellate Division of the Supreme Court of New York, Second Department
Oct 5, 1976
54 A.D.2d 698 (N.Y. App. Div. 1976)
Case details for

Matter of Commander Electric, Inc. v. Lerner

Case Details

Full title:In the Matter of COMMANDER ELECTRIC, INC., Respondent, v. SAUL LERNER et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 5, 1976

Citations

54 A.D.2d 698 (N.Y. App. Div. 1976)

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