Bank Leumi Tr. Co. of N.Y. v. Ryder Constr

Full title: BANK LEUMI TRUST COMPANY OF NEW YORK, Respondent, v. RYDER CONSTRUCTION…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 9, 1993

191 A.D.2d 224 (N.Y. App. Div. 1993)

594 N.Y.S.2d 242

Opinion

March 9, 1993

Appeal from the Supreme Court, New York County (Burton S. Sherman, J.).

We agree with the IAS Court that Lien Law § 11, in effect at the time in question, required an attempt at personal service of the mechanic's lien before resort to other methods of service provided therein. Since defendant Ryder admittedly never made an attempt at personal service, its lien is a nullity and is not superior to any of the mortgages held by plaintiff Bank (see, Murphy Constr. Corp. v. Morrissey, 168 A.D.2d 877; Matter of Hui's Realty v. Transcontinental Constr. Servs., 168 A.D.2d 302, lv denied 77 N.Y.2d 810).

Concur — Murphy, P.J., Sullivan, Rosenberger, Asch and Rubin, JJ.