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MATTER OF COMMANDER ELEC., INC. v. LERNER

54 A.D.2d 698 (1976)

In the Matter of Commander Electric, Inc., Respondent, v. Saul Lerner et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 5, 1976

Order affirmed, with $50 costs and disbursements.

The notice of lien as filed was effective against the lessee named therein as the owner. Section 12-a (subd 2) of the Lien Law provides for an amendment, nunc pro tunc, to a valid notice of lien. The true owners cannot oppose the amendment upon the ground of prejudice because they do not fall within any category enumerated in the aforesaid...

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