In re Kleet Lumber Co.
Opinion of the Court
In a proceeding for leave to amend, nunc pro tunc, a notice of lien filed against real property pursuant to Lien Law § 12-a, the appeal is from a judgment of the Supreme Court, Suffolk County (Dunn, J.), entered May 14, 1991, which dismissed the application and canceled and discharged the notice of lien, and a memorandum decision of the same court, dated April 17, 1991, upon which the judgment was based.
Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision, and the judgment is affirmed, with one bill of costs.
On September 5, 1990, the appellant filed a notice of mechanic’s lien in the Suffolk County Clerk’s office naming DMC Management, Inc., and Chalk & Cue Billiard Club, Inc., as the owners of the subject premises. Subsequently, the appellant discovered that the subject premises had actually been owned by a Diana Bowden on the date the notice of lien had been filed. Apparently, DMC Management, Inc., had conveyed the parcel to Chalk & Cue Club, Inc., by a deed dated and recorded on August 22, 1990, and Chalk & Cue Club, Inc., had, in turn, conveyed it to Bowden by deed dated and recorded on August 23, 1990. Bowden herself subsequently transferred the property to Woodmist Estates, Inc., on September 14, 1990, which conveyed it to Joseph Peter Violi and Karen Violi who executed a mortgage in favor of the respondent Citibank. Both of these transactions were recorded on September 19, 1990. The appellant thereafter commenced this proceeding for leave to amend its notice of lien, nunc pro tunc, to name Diana Bowden as the owner of the property as of September 5, 1990. The Supreme Court denied the application, and this appeal ensued.
Contrary to the appellant’s arguments, the Supreme Court properly dismissed the application and discharged the notice of lien. Pursuant to Lien Law § 9 (2), a notice of lien must set forth "[t]he name of the owner of the real property against whose interest therein a lien is claimed”. However, under
In light of the above disposition, we need not reach the parties’ remaining contentions. Bracken, J. P., Balletta, Eiber and Copertino, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.