PAUL MOCK, INC. v. 118 E. 25TH ST. REALTY CO.


87 A.D.2d 756 (1982)

Paul Mock, Inc., Appellant, v. 118 East 25th Street Realty Company et al., Respondents, et al., Defendant

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

April 6, 1982


Unanimously affirmed, with costs.

The interest of the owner of real property may only be subjected to a mechanic's lien for improvements if the work was done "with the consent or at the request of the owner thereof" (Lien Law, § 3). In this case the work was done for the tenant's convenience and at the tenant's request. Consent of the owner here was merely a consent required under the lease to avoid forfeiture of the tenant's interest and does not constitute...

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