Opinion
September 20, 1976
In an action to foreclose a mechanic's lien, plaintiff appeals from an order of the Supreme Court, Suffolk County, entered January 13, 1976, which (1) denied its application, pursuant to section 12-a Lien of the Lien Law, to amend its notice of lien nunc pro tunc and (2) granted respondent Slayton's cross motion to vacate and discharge its notice of lien. Order affirmed, with $50 costs and disbursements. Amendment of the notice of lien under section 12-a Lien of the Lien Law was not a remedy available to plaintiff on the facts of this case because there had not been substantial compliance with the provision of the Lien Law requiring a description of the subject property (see Lien Law, § 9, subd 7; § 23). The lienor described, and filed a lien against, property adjacent to the improved premises. Gulotta, P.J., Hopkins, Latham, Cohalan and Hawkins, JJ., concur.