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

We find that the court correctly determined that plaintiff had a lien against the fee interest in the sum of $6,704.08. The previous relationship of the principals of the corporate landlord and tenant, the clear purpose of the lease, the authorization to build, the agreement of the landlord to contribute $500,000 toward the cost of the structure and the beneficial interest accruing to the landlord, unlike the facts in Mitchell & Son v. Blessington (N. Y. L. J., March 16, 1964, p. 15, col. 4, affd. 24 A D 2d 934), all support the finding that the landlord consented to the work (Burkitt v.…