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240-35 ASSOCS. v. MAJOR BUILDERS CORP.

234 A.D.2d 234 (1996)

651 N.Y.S.2d 49

240-35 Associates, Plaintiff, v. Major Builders Corp. et al., Defendants. (And a Third-Party Action.) Stan-Z Electrical Service, Inc., Respondent, v. Associated Property Management Group, Inc., et al., Appellants, et al., Defendants

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

December 31, 1996

The lien cannot be enforced since it expired a week before this action was commenced (Lien Law § 17). However, the Lien Law permits a personal judgment to be obtained where the complaint contains allegations sufficient to state a cause of action in contract (Lien Law § 54; Noce v Kaufman, 2 N.Y.2d 347; Abbott v Easton, 195 N.Y. 372, 376; Paro v Biondo,

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