Opinion
November 24, 1992
Appeal from the Supreme Court, New York County (Burton Sherman, J.).
The IAS Court properly determined that construction of a commercial office building on publicly owned land leased to a private developer did not meet the requirements for the imposition of a public improvement lien since the commercial improvement was constructed by a private entity, rather than a State or public agency, on publicly owned real property (Lien Law §§ 5, 12, 21; Matter of Paerdegat Boat Racquet Club v Zarrelli, 83 A.D.2d 444, revd on other grounds 57 N.Y.2d 966; Plattsburgh Quarries v Markoff, 164 A.D.2d 30, lv denied 77 N.Y.2d 809).
Black Iron-Rebar's alternate contention that the public improvement lien was valid because some public funds were advanced to Demilo by City agencies is devoid of merit since a loan from a public agency for a private improvement does not change the nature of the improvement from private to public.
Concur — Milonas, J.P., Ellerin, Ross and Asch, JJ.