M. F. Hickey Co. v. Imperial Realty Co.

This action to foreclose mechanic’s liens presents for the court’s consideration some unusually interesting questions under the mechanic’s lien sections of the Lien Law. A preliminary statement of the background facts will facilitate an orderly analysis of the issues.

On or about March 3, 1964, 43rd Street Estates, Inc. (43rd Street) leased from a predecessor of Imperial Realty Co., Inc. (Imperial) premises 9-11 Park Avenue. That lease plainly contemplated that 43rd Street, with the consent of the lessor, would build a garage on the property, and included detailed provisions regulating aspects…