G. Service of the Private Notice of Mechanic'sLien

JurisdictionNew York

G. Service of the Private Notice of Mechanic's Lien

This is an area of the law that does not get much attention. However, a Kings County Supreme Court had occasion to review various provisions of Lien Law § 11 and reiterated that the statutory language should be interpreted strictly based on the prior case law.187 In this case, one of the issues was the method used to effectuate service of the "notice of lien" on a private improvement. In point of fact the process server posted a copy of the notice on the property. In this instance, the owner of the property was a corporation. Where the owner is a corporation, Lien Law § 11 provides as follows:

(i) by delivering such copy to and leaving the same with the president, vice-president, secretary or clerk to the corporation, the cashier, treasurer or a director or managing agent thereof, personally, within the same, or (ii) if such officer cannot be found within the state by affixing a copy thereof conspicuously on such property between the hours of nine o'clock in the forenoon and four o'clock in the afternoon, or (iii) by registered or certified mail addressed to its last known place of business. Failure to file proof of such a service with the county clerk within thirty-five days after the notice of lien is filed shall terminate the notice as a lien.

The court noted the affidavit of service did not indicate whether service was attempted on an officer within the state or by any other method...

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