Opinion
December 28, 1999
Order, Supreme Court, New York County (Walter Tolub, J.), entered on or about June 9, 1998, which, in an action to foreclose a mechanic's lien, granted defendant building owner's motion to dismiss the complaint for failure to state a cause of action, discharged the lien, and denied plaintiff's cross motion to amend the complaint, unanimously affirmed, with costs.
Stephen F. Szymoniak, for Plaintiff-Appellant.
John T. Brennan, for Defendant-Respondent.
TOM, J.P., WALLACH, LERNER, SAXE, BUCKLEY, JJ.
The action was properly dismissed on the grounds that even under the proposed amended complaint, plaintiff's service of the notice of lien on the owner and contractor predated its filing of the notice of lien with the County Clerk, in violation of former Lien Law §§ 11 Lien and 11-b requiring that such service be made either simultaneously or after such filing, and that such requirement is strictly enforced (see, 146 W. 45th St. Corp. v. McNally, 188 A.D.2d 410).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.