In re Thomas J. Dorsey, Inc.

Order denying motion to permit the filing of an amended notice of mechanic’s lien, nunc pro tunc, reversed upon the law and the facts, without costs, and motion granted. The failure to name the true owner would not be fatal even upon foreclosure of the lien. (Gates & Co. v. Nat. Fair & Exposition Assn., 225 N. Y. 142; Lien Law, § 9, subd. 7.) The difference in the amount of the appellant’s claim in the lien, as filed, and the amount specified in the proposed amended lien, is small, is in favor of the owner and is not a substantial objection. Nor is there any merit in the claim of…