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F. Garofalo Electric Co., Inc. v. Gen. Elec

Appellate Division of the Supreme Court of New York, First Department
Feb 9, 1993
190 A.D.2d 569 (N.Y. App. Div. 1993)

Opinion

February 9, 1993

Appeal from the Supreme Court, New York County (Martin Evans, J.).


Plaintiff filed a mechanic's lien purporting to encumber the property located at 30 Rockefeller Plaza. The work performed and materials furnished, however, were furnished solely with respect to the individual condominium units owned by the New York City Industrial Development Authority, a public benefit corporation (see, General Municipal Law § 856; § 917) and subleased by respondent National Broadcasting Company. While the Legislature amended Lien Law § 2 (7) to afford relief to those who in the past could not perfect a lien against real property owned by a public entity, despite the existence of an interest therein held by a private party (L 1992, ch 662, § 1; see, Matter of Paerdegat Boat Racquet Club v Zarrelli, 57 N.Y.2d 966, revg 83 A.D.2d 444), plaintiff is unable to take advantage of the amended statute, the labor and services at issue having been provided prior to its effective date (see, Plattsburgh Quarries v Markoff, 164 A.D.2d 30, 32-33, lv denied 77 N.Y.2d 809). We find plaintiff's remaining argument to be without merit.

Concur — Carro, J.P., Milonas, Ellerin and Asch, JJ.


Summaries of

F. Garofalo Electric Co., Inc. v. Gen. Elec

Appellate Division of the Supreme Court of New York, First Department
Feb 9, 1993
190 A.D.2d 569 (N.Y. App. Div. 1993)
Case details for

F. Garofalo Electric Co., Inc. v. Gen. Elec

Case Details

Full title:F. GAROFALO ELECTRIC CO., INC., Appellant, v. GENERAL ELECTRIC COMPANY et…

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

Date published: Feb 9, 1993

Citations

190 A.D.2d 569 (N.Y. App. Div. 1993)

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