Order unanimously affirmed, with $10 costs and disbursements.
The word "consent" as used in section 3 of the Lien Law has a limited application. There is a marked distinction between the passive acquiescence of an owner in that he knows the improvements are being made, improvements which in many cases he has no right to prevent, and his actual and express consent or requirement that the improvement shall be made. It is the latter that constitutes the consent mentioned...
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