Opinion
November 12, 1998
Appeal from the Supreme Court, New York County (Stuart Cohen, J.).
Although it timely commenced this action to foreclose its mechanic's lien, plaintiff failed timely to file a notice of pendency, and, thus, its mechanic's lien expired as a matter of law ( see, Madison Lexington Venture v. Crimmins Contr. Co., 159 A.D.2d 256, 267, lv dismissed in part and denied in part 78 N.Y.2d 905). Although Lien Law § 54 permits a personal judgment to be obtained based on a complaint that contains allegations sufficient to state a cause of action for breach of contract, no personal liability may be found where, as here, there is no evidence of an express or implied agreement by defendants to pay plaintiff ( Noce v. Kaufman, 2 N.Y.2d 347, 351-352).
Concur — Milonas, J. P., Rosenberger, Williams, Tom and Saxe, JJ.