164 Misc. 820 | City of New York Municipal Court | 1937
1. Statutory provisions included in the Lien Law of the State of New York afford certain protection to those who furnish labor or material for. the improvement of real property. Were it not for such statutes, there would be no such lien as our “ mechanic’s lien.” It follows that, in order to establish such a lien, the statutory prerequisities must be met. For failure to comply with requirements of the Lien Law this plaintiff’s claim must fail so far as he claims a lien. Plaintiff’s notice of lien was not effectual “ for a longer period than one year ” after the notice was filed (Lien Law, § 17); for no order “ continuing such lien ” was made (§ 17)
2. Gaillard Restaurant Company, Inc., the lessee, agreed to pay for the labor and the material which were furnished by each lien claimant. Any party entitled to personal judgment against Gaillard Restaurant Company, Inc., has a standing to move to dismiss any lien; for the dismissal of lien claims implies that the general fund in the hands of the assignee of the lessee will be increased and thus implies a larger dividend to each one of the general creditors of the lessee, Gaillard Restaurant Company, Inc.
3. The same conclusions must be reached for similar reasons as to the other lien claimants excepting the two first referred to in the next paragraph, paragraph 4.
4. After the expiration of the year following the fifing of plaintiff’s notice of fien, a lis pendens was filed by a defendant who claims a lien. That lis pendens was timely as to the lien claimed by that defendant and as to the lien claimed by one of the other-defendants, inasmuch as in relation to their lien claims the original' period of one year or the extended period of one year, pursuant to order, had not expired. Those two liens are claimed against the interests of the owners of the real property. But they are so claimed on unfounded allegations to the effect that labor was