Agnello v. Chaika

In this action to foreclose a mechanic’s lien, defendants move to dismiss the complaint on the ground that the notice of lien is fatally defective.

*7The lienors, Joseph C. Agnello and Michale S. Agnello, do business under the assumed name and style of Niagara Building Co. The notice of lien contains, through inadvertence, the words “ a domestic corporation ” following the assumed name at the head of the notice. The verification of the notice recites the names of the partners and that they are doing business as Niagara Building Co.

While the statute (Lien Law, § 9) requires that the name of the…