In an October 19, 2011 decision by Justice Schmidt the court denied a motion to discharge a mechanic’s lien and to cancel a notice of pendency. The plaintiff, construction contractor, was involved with the construction of three eight-unit buildings to be built on a portion of a lot which was already improved by a building and five attached garages. As part of the project the existing lot was to be subdivided into four separate lots: one for the existing building under a new lot number and three new lots for each of the new buildings. The contractor filed a mechanic’s lien against the single existing lot, after an application to alter the lot designations, but before the new lot designations were effective.
The defendant moved to dismiss and discharge the mechanic’s lien and notice of pendency arguing that it was filed against the wrong lot. The court denied defendant’s motion finding that the description included in the lien was not invalid and its face and was in substantial compliance with the lien law because when it was filed the new subdivision was not effective.
Hai Ming Construction Corp. v. 258 Devoe LLC, Sup Ct, Kings County, October 19, 2001, Schmidt, J, Index No. 24561/09.