McCormack v. Anchor Savings Bank, F.S.B

Full title: OWEN J. McCORMACK, Respondent, v. ANCHOR SAVINGS BANK, F.S.B., Appellant

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

Date published: Mar 24, 1992

181 A.D.2d 580 (N.Y. App. Div. 1992)

582 N.Y.S.2d 322

Opinion

March 24, 1992

Appeal from the Supreme Court, New York County (Carol H. Arber, J.).

Appellant's defective service of the notice of sale, pursuant to Lien Law § 201, does not vitiate its lien (Giordano v Grand Prix Sales, Serv., Restoration Co., 113 Misc.2d 395, 400). Therefore, only the sale and notice of sale, not the lien, should have been deemed invalid by the May 20, 1991 order. We do not decide whether service of the notice was "commercially reasonable" within the meaning of UCC 9-504 (3), since appellant, by virtue of the notice, had expressly subjected its lien to challenge under the Lien Law.

Concur — Milonas, J.P., Rosenberger, Kupferman, Ross and Smith, JJ.