Opinion
Submitted October 28, 1999
December 7, 1999
In an action, inter alia, to recover damages for breach of contract, the defendant, Robert Hunt Company, appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Berler, J.), dated September 25, 1998, as, upon the granting that branch of the motion of the plaintiff, J.C. Construction Management Corp., which was for reargument, in effect, granted that branch of the prior motion which was to strike, as invalid, the notice of mechanic's lien filed by Robert Hunt Company.
Carl F. Wand Associates, Huntington, N.Y., for defendant-appellant.
CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, WILLIAM D. FRIEDMANN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
Where, as here, a foreign corporation filing a notice of mechanic's lien has one or more places of business within the State, its failure to recite the address of at least one of those locations on its notice of lien violates the Lien Law § 9 and invalidates the lien ( see, e.g., Matter of Edmund J. Rappoli Co. v. Cupples Prod. Corp., 5 A.D.2d 758; John Roshirt, Inc. v. Rosenstock, 138 Misc. 515; Lincoln National Bank v. John Pierce Co., 98 Misc. 325, affd 228 N.Y. 359; Lien Law § 9). Accordingly, the Supreme Court properly struck the notice of mechanic's lien filed by the appellant.
O'BRIEN, J.P., SANTUCCI, FRIEDMANN, and FLORIO, JJ., concur.