IN RE: PMNC (1999)

In a proceeding pursuant to Lien Law § 19 to discharge a mechanic's lien, Brothers Insulation Co., Inc., appeals from a judgment of the Supreme Court, Kings County (Belen, J.), dated March 30, 1998, which granted the petition.

ORDERED that the judgment is affirmed, with costs.

 The Supreme Court correctly determined that the appellant was not authorized to file a mechanic's lien on the subject property, which is owned by the City of New York.   Pursuant to Lien Law § 2(7), an improvement located on property owned by the City is a “public improvement” subject to the rule prohibiting the filing of mechanic's liens (see, Matter of Paerdegat Boat & Racquet Club v. Zarrelli, 57 N.Y.2d 966, 457 N.Y.S.2d 229, 443 N.E.2d 477, revg. for reasons stated in the concurring in part and dissenting in part opinion by Hopkins, J., at the Appellate Division, 83 A.D.2d 444, 445 N.Y.S.2d 162).   Contrary to the appellant's contention, the 1992 amendments to Lien Law § 2(7) (L. 1992, ch. 662) do not constitute authority for its lien.   Those amendments were intended to exclude, from the definition of the term “public improvement”, improvements located on real property owned by industrial development agencies in which a private entity had the beneficial interest (see, Davidson Pipe Supply Co. v. Wyoming County Indus. Dev. Agency, 85 N.Y.2d 281, 287, 624 N.Y.S.2d 92, 648 N.E.2d 468).   The holding of the Appellate Division, First Department in the case of F. Garofalo Elec. Co., Inc. v. General Elec. Co., 190 A.D.2d 569, 593 N.Y.S.2d 231, is not to the contrary.

MEMORANDUM BY THE COURT.