Tech Heating & Mechanical Inc. v. First Downstream Service Corp.

OPINION OF THE COURT

Martin B. Stecher, J.

Plaintiff, in various motions, seeks to amend its complaint (CPLR 3025, subd [b]) to add causes of action for breach of contract, and to amend its notice of lien (Lien Law, § 12-a).

The plaintiff was a subcontractor in the renovation of eight parcels of land on West 22nd Street and West 23rd Street, New York City. A single notice of lien against all eight parcels was filed on March 18, 1982. The defendants move to dismiss the cause of action, seeking foreclosure of the lien.

The alleged misdescription of the property is no basis for dismissal. All of the…