AMSTERDAM 147 INC v. CITY OF NEW YORK

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Supreme Court, Appellate Division, First Department, New York.

AMSTERDAM 147 INC., Plaintiff-Appellant, v. The CITY OF NEW YORK, et al., Defendants-Respondents.

Decided: October 28, 2004

NARDELLI, J.P., SAXE, ELLERIN, GONZALEZ, CATTERSON, JJ. Robert Ligansky, New York, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Karen M. Griffin of counsel), for respondents.

Order, Supreme Court, New York County (Saralee Evans, J.), entered November 27, 2002, which granted defendants' motion to dismiss the complaint, unanimously affirmed, with costs.

Plaintiff sought a declaration that the lien against its property for amounts billed for nuisance abatement, pursuant to New York City Administrative Code § 17-151, was not valid.   Although the Department of Health failed to comply with § 17-151(a), by not filing the purchase or work orders within 30 days of performance of the nuisance abatement, plaintiff purchased the building after the charges were recorded with the Department of Finance, and thus had notice of the lien (see Matter of 105th St. Dev. Corp. v. Commissioner of Dept. of Health of City of N.Y., 189 Misc.2d 342, 730 N.Y.S.2d 420 [2001];  cf. Rosenbaum v. City of New York, 96 N.Y.2d 468, 730 N.Y.S.2d 774, 756 N.E.2d 62 [2001] ).

We have considered plaintiff's remaining contentions and find them unavailing.