21 N.Y.S. 972 | New York Court of Common Pleas | 1893
This action was brought to foreclose a mechanic’s lien, and the first question to be determined on this appeal is whether the paper purporting to be the notice of mechanic’s lien was, when filed in the county clerk’s office, sufficient to create a lien or not; all the other questions raised by the appeal depending upon this one. The mechanic’s lien act (Laws 1885, c. 342, § 4) provides that, in order to effect a lien, a notice of the lien, containing certain facts, must, within a certain .time limited, be filed in the county clerk’s office in the county where- the property is situated, and that this notice of lien must be verified. If it is not verified when filed, it is a nullity. Conklin v. Wood, 3 E. D. Smith, 662, where it was held that a defective verification was fatal to the lien, and could not be amended. Keogh v. Main, 50 N. Y. Super. Ct. 183; Grey v. Vorhis, 8 Hun, 612. In this case the notice of lien was verified before a commissioner for the state of New York in Milwaukee, Wis., and was filed in the New York county clerk’s office, without any certificate of the secretary of state that the person taking the verification was a commissioner for the state of New York; nor was such authentication supplied until some time after the commencement of this action, when it was taken from the files of the county clerk’s office, and the certificate of the secretary of state was attached to it. Verification