Long Beach Terrace, Inc. v. Mallis Wood Products, Inc.

This is an application by the owner of real property for an order summarily discharging a notice of lien (Lien Law, § 19, subd. [6]), and a cross motion by the lienor for leave to amend the notice nunc pro tunc (Lien Law, § 12-a).

The notice of lien specified the corporate entity (Gerace & Castagna, Inc.) with whom the lienor transacted business as the owner of the real property. The corporation so specified actually possessed no estate or interest in the realty as fee owner or otherwise. While the materials furnished by the lienor were installed in the improvements made to the property, the…