WESCO DISTRIBUTION, INC. v. TECLAN DATA CORP.


267 A.D.2d 173 (1999)

700 N.Y.S.2d 815

WESCO DISTRIBUTION, INC., Appellant, v. TECLAN DATA CORP., Defendant, CHICKERING ASSOCIATES, Respondent.

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

Decided December 28, 1999.


The action was properly dismissed on the grounds that even under the proposed amended complaint, plaintiff's service of the notice of lien on the owner and contractor predated its filing of the notice of lien with the County Clerk, in violation of Lien Law former §§ 11 and 11-b requiring that such service be made either simultaneously or after such filing, and that such requirement is strictly enforced (see, 146 W. 45th St. Corp. v McNally,

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