Johnson, Drake & Piper, Inc. v. Newburgh Nursery, Inc.

Motion for an order vacating and discharging a notice of mechanic’s lien, dated November 12, 1964, filed by Newburgh Nursery, Inc., is granted.

It is clear that the work which forms the basis for the claimed lien by the lienor subcontractor was performed upon a public *592improvement for the State of New York. Accordingly, under section 12 of the Lien Law, the lien must be filed 1 ‘ At any time before the construction of a public improvement is completed and accepted by the state * * * and within thirty days after such completion and acceptance It is equally clear that the State accepted the work…