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MATTER OF EASTCHESTER CHURCH

44 Misc.3d 653 (2014)

989 N.Y.S.2d 287

In the Matter of EASTCHESTER CHURCH, INC., et al., Requiring Nidetech Electric Co., Inc., Lienor, to Enforce its Lien or Show Cause Why the Notice of Lien Should Not be Vacated and Canceled of Record as Prescribed by Lien Law § 59.

Supreme Court, Bronx County.

Decided July 2, 2014.

Attorney(s) appearing for the Case

Miller Law Offices, PLLC, Lawrence ( Jeffrey H. Miller of counsel), for Eastchester Church, Inc. and another.

Gerard DeCapua , Rockville Centre, for Nidetech Electric Co., Inc.

OPINION OF THE COURT

KENNETH L. THOMPSON, JR., J.

The essential question presented in movant's application to discharge a mechanic's lien pursuant to section 59 of the Lien Law is whether the service of a notice to commence and to foreclose said lien can be done by certified mail and first-class mail or should the strict language of the statute be followed. "[A] notice shall be served upon the lienor, either personally or by leaving it a[t] his last known...

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