We agree with the IAS Court that Lien Law § 11, in effect at the time in question, required an attempt at personal service of the mechanic's lien before resort to other methods of service provided therein. Since defendant Ryder admittedly never made an attempt at personal service, its lien is a nullity and is not superior to any of the mortgages held by plaintiff Bank (see, Murphy Constr. Corp. v Morrissey,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.
BANK LEUMI TRUST CO. OF NEW YORK v. RYDER CONSTR. INC.
191 A.D.2d 224 (1993)
594 N.Y.S.2d 242
Bank Leumi Trust Company of New York, Respondent, v. Ryder Construction Incorporated, Appellant, and Elie Hirschfeld, Respondent, et al., Defendants
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
March 9, 1993
March 9, 1993
Appellate Division of the Supreme Court of the State of New York, First Department.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
- No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.
