Leon Decorating Co. v. Fifth Avenue Realty Corp.

191 Misc. 89, 76 N.Y.S.2d 652, 1948 N.Y. Misc. LEXIS 2096

Opinions

Memorandum Per Curiam.

Defendant 0 ’Kane, as lessee, was obligated under the terms of the lease made with defendant-respondent Fifth Avenue Realty Corp., the owner, to do certain alteration work. This was a sufficient consent to make the owner liable for the painting work necessarily done by plaintiff in connection with the alteration. It was not necessary that plaintiff obtain a separate consent from the owner in order to be afforded the protection given by section 3 of the Lien Law.

The judgment should be reversed, with costs, and judgment directed for plaintiff, with costs.