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MATTER OF BRANIC INTL. REALTY CORP. v. DEPARTMENT OF HOUS., PRESERV. & DEV. OF THE CITY OF N.Y.

Index No. 155541/19. Appeal No. 13408. Case No. 2020-03261.

192 A.D.3d 554 (2021)

140 N.Y.S.3d 708

2021 NY Slip Op 01715

In the Matter of Branic International Realty Corp., Appellant, v. Department of Housing, Preservation and Development of the City of New York, Respondent.

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

Decided March 23, 2021.

Attorney(s) appearing for the Case

Rose & Rose, New York ( David P. Haberman of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Nwamaka Ejebe of counsel), for respondent.

Concur—Webber, J.P., Oing, Kennedy, Scarpulla, JJ.

The petition was properly dismissed. The record shows that the notice of lien was served "by ... certified mail addressed to [petitioner's] last known place of business," and that respondent properly filed proof of service with the County Clerk within 35 days (Lien Law § 11[d][iii]; see Matter of Infomart N.Y. LLC v Hugh O'Kane Elec. Co. LLC, 2003 NY Slip Op 30231[U] [Sup Ct, NY...

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