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RIGANO v. VIBAR CONSTR., INC.

No. 223.

24 N.Y.3d 415 (2014)

23 N.E.3d 1008

998 N.Y.S.2d 748

2014 NY Slip Op 08762

In the Matter of DELILAH RIGANO, as Administrator of the Estate of NICHOLAS RIGANO, Deceased, Respondent, v. VIBAR CONSTRUCTION, INC., Appellant. (Proceeding No. 1.) In the Matter of VIBAR CONSTRUCTION CORP., Appellant, v. FAWN BUILDERS, INC., et al., Respondents. (Proceeding No. 2.)

Court of Appeals of New York.

Decided December 16, 2014.

Attorney(s) appearing for the Case

Jeffrey Rizzo , Bronx, and Michael F.X. Ryan , Cortlandt Manor ( Carl F. Lodes of counsel), for appellant.

Deren, Genett & Macreery, P.C., Katonah ( John Brian Macreery of counsel), for respondent.

Judges READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

The issue on this appeal is whether a notice of mechanic's lien can be amended nunc pro tunc to reflect the name of the true owner of the property or whether the misnomer invalidates the lien. Here, the true owner is the sole shareholder of the...

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