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MATTER OF PKS DEV. CO. v. KAHN LUMBER & MILLWORK CO., INC.

187 A.D.2d 656 (1992)

In the Matter of PKS Development Company, Respondent, v. Kahn Lumber & Millwork Co., Inc., Appellant, et al., Respondents

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

November 23, 1992

Ordered that the order and judgment is affirmed, with costs.

Lien Law § 11 requires a party to serve a notice of lien on the owner, and expressly states that failure to file proof of service within 35 days after the notice of lien is filed shall terminate the notice as a lien. Since the appellant failed to file proof of service as required by the clear and unambiguous language of the statute, the Supreme Court properly granted the petition to vacate the lien...

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