Commander Electric, Inc. v. Lerner

Appellate Division of the Supreme Court of New York

Commander Electric, Inc. v. Lerner

54 A.D.2d 698, 387 N.Y.S.2d 294, 1976 N.Y. App. Div. LEXIS 14268

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 5, 1976

StatusPublished

Cited by1 cases

This text of 54 A.D.2d 698 (Commander Electric, Inc. v. Lerner) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commander Electric, Inc. v. Lerner, 54 A.D.2d 698, 387 N.Y.S.2d 294, 1976 N.Y. App. Div. LEXIS 14268 (N.Y. Ct. App. 1976).

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Opinion

In a proceeding to amend a notice of mechanic’s lien, nunc pro tunc, by adding thereto the names of the true owners of the premises involved, the appeal is from an order of the Supreme Court, Suffolk County, dated September 12, 1975, which granted the application. Order affirmed, with $50 costs and disbursements. The notice of lien as filed was effective against the lessee named therein as the owner. Section 12-a (subd 2) of the Lien Law provides for an amendment, nunc pro tunc, to a valid notice of lien. The true owners cannot oppose the amendment upon the ground of prejudice because they do not fall within any category enumerated in the aforesaid section. Hopkins, Acting P. J., Margett, Damiani, Shapiro and Titone, JJ., concur.

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In a proceeding to amend a notice of mechanic’s lien, nunc pro tunc, by adding thereto the names of the true owners of the premises involved, the appeal is from an order of the Supreme Court, Suffolk County, dated September 12, 1975, which granted the application. Order affirmed, with $50 costs and disbursements. The notice of lien as filed was effective against the lessee named therein as the owner. Section 12-a (subd 2) of the Lien Law provides for an amendment, nunc pro tunc, to a valid notice of lien. The true owners cannot oppose the amendment upon the ground of prejudice because they do not fall within any category enumerated in the aforesaid section. Hopkins, Acting P. J., Margett, Damiani, Shapiro and Titone, JJ., concur.

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Bluebook (online)

54 A.D.2d 698, 387 N.Y.S.2d 294, 1976 N.Y. App. Div. LEXIS 14268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commander-electric-inc-v-lerner-nyappdiv-1976.

Opinion

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