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LONG INDUSTRIES CONSTRUCTION CORP. v. APPELANIZ

298 A.D.2d 309 (2002)

748 N.Y.S.2d 496

LONG INDUSTRIES CONSTRUCTION CORP., Appellant, v. HECTOR APPELANIZ et al., Respondents, et al., Defendants. LONG INDUSTRIES CONSTRUCTION CORP., Appellant, v. JULIO VARGAS et al., Respondents, et al., Defendants.

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

Decided October 29, 2002.

Where, as here, the notice of mechanic's lien "totally misidentifie[s] the true owner" of the real property as of the date it was filed, the defect is jurisdictional and the notice is void (Matter of Kleet Lbr. Co., 197 A.D.2d 576, 577). The jurisdictional defect is not obviated "merely because the misidentification of the true owner of the propert[ies] was the result of an [apparent] failure to make a thorough search of the County...

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