Court of Appeals of New York

Order discharging the mechanic's lien on plaintiff Rigano's property on grounds that a jurisdictional defect invalidated the lien is reversed, where: 1) the notice of mechanic's lien did not reflect plaintiff's name, the true owner of the property; but 2) the misnomer does not invalidate the lien; and 3) the notice of mechanic's lien can be amended nunc pro tunc to reflect the name of the true owner of the property, given that the conveyance of the property in question from the listed owner to the true owner was not at arm's length and the true owner and the public at-large were on notice that a lien had been placed on the property.

Appellate Information

• Decided 12/16/2014
• Published 12/16/2014

Judges

• Lippman

Court

• Court of Appeals of New York

Counsel