The motion court erred in holding as a matter of law that nonparty Amnon Cohen was not a managing agent of defendant and therefore not a proper person to accept service of the notice of lien on defendant's behalf (see Lien Law § 11). Plaintiff's affidavits raise an issue of fact as to whether Cohen acted as defendant's managing agent. Moreover, if after a hearing it is determined that Cohen in fact did so, then plaintiff's filing of the service affidavit in which...
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