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ELLIOTT-WILLIAMS CO., INC. v. IMPROMPTU GOURMET, INC.

28 A.D.3d 706 (2006)

813 N.Y.S.2d 778

ELLIOTT-WILLIAMS CO., INC., Appellant, v. IMPROMPTU GOURMET, INC., et al., Defendants, and SUGA DEVELOPMENT, LLC, Respondent.

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

April 25, 2006.

Ordered that order is affirmed insofar as appealed from, with costs.

A contractor who performs work for, or provides equipment to, a tenant may nonetheless impose a mechanic's lien against the premises where the owner of the premises affirmatively gave consent for the work or equipment directly to the contractor, but not where the owner has merely approved or acquiesced in the undertaking of such work or the provision of such equipment (see Lien Law §...

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