FANE v. ARMANI PLUMBING


168 A.D.2d 143 (1991)

In the Matter of Jason Fane, Respondent, v. Armani Plumbing and Mechanical, Inc., Appellant, and Inn Time Furniture and Fixtures, Inc., et al., Respondents

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

June 13, 1991


Attorney(s) appearing for the Case

Menter, Rubdin & Trivelpiece (Penny L. Grey of counsel), for appellant.

Holmberg, Galbraith, Holmberg, Orkin & Bennett (Anna K. Holmberg of counsel), respondent.

MAHONEY, P. J., WEISS, YESAWICH, JR., and HARVEY, JJ., concur.


CASEY, J.

At issue on this appeal is whether a notice of mechanic's lien, which is properly served on the general contractor, expires pursuant to Lien Law § 11-b when the affidavit of service delivered to the County Clerk mistakenly names the lienor as another subcontractor. In the facts and circumstances of this case, we answer this question in the negative. Supreme Court's order should, therefore, be...

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