Opinion
13408 Index No. 155541/19 Case No. 2020-03261
03-23-2021
Order, Supreme Court, New York County (Melissa A. Crane, J.), entered June 15, 2020, which denied petitioner's motion for an order discharging the notice of lien filed by respondent, granted respondent's cross motion to dismiss the petition, and dismissed the petition, unanimously affirmed, with costs.
The petition was properly dismissed. The record shows that the notice of lien was served "by ... certified mail addressed to [petitioner's] last known place of business," and that respondent properly filed proof of service with the County Clerk within 35 days ( Lien Law § 11[d][iii] ; see Matter of Infomart New York LLC v. Hugh O'Kane Elec. Co., 2003 NY Slip Op 30231(U), 2003 WL 26094732 [Sup. Ct., N.Y. County 2003] ).