Opinion
December 13, 1990
Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).
Lien Law § 11 requires a party to serve a notice of lien on the owner, and expressly states that failure to file proof of service within 35 days after the notice of lien is filed shall terminate the notice as a lien. The record at bar supports the IAS court's determination that the respondent did not file such proof of service. The language of Lien Law § 11 is clear and unambiguous. Although a court may disturb a harsh disposition that is not authorized by the statute (see, e.g., Tewari v. Tsoutsouras, 75 N.Y.2d 1; Kolb v. Strogh, 158 A.D.2d 15), no such leniency is authorized where, as here, the result is mandated by the statute.
Concur — Kupferman, J.P., Sullivan, Milonas, Rosenberger and Kassal, JJ.