This appeal turns on whether a plaintiff contractor waived its right to file a mechanic's lien. For such a waiver section 34 of the Lien Law mandates "an express agreement in writing specifically to that effect, signed by him or his agent." Special Term has found that provisions in a lease between the owners and tenants which were incorporated by reference into the contract between the lienor and the tenants were "tantamount" to compliance with the statute. We disagree. The...
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