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MATTER OF 49 EAST 21 LLC v. C.H. SCHMITT & CO., INC.

46 A.D.3d 391 (2007)

847 N.Y.S.2d 462

In the Matter of 49 EAST 21 LLC, Respondent, v. C.H. SCHMITT & CO., INC., et al., Respondents, and DANICA PLUMBING & HEATING, Appellant.

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

Decided December 20, 2007.

The lien named the subject property as a whole without identifying the individual condominium units (see Lien Law § 9 [7]), and purported to place liens on the building's common areas without the consent of all individual condo unit purchasers (see Real Property Law § 339-l [1]), thus warranting its vacatur (Lien Law § 19 [6]; see Northeast Restoration Corp. v K & J Constr. Co.,

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