Legal Opinion

In re Eastchester Church, Inc.

New York Supreme Court

Decided July 2, 2014Published

1Opinion of the Court

OPINION OF THE COURT

Kenneth L. Thompson, Jr., J.

The essential question presented in movant’s application to discharge a mechanic’s lien pursuant to section 59 of the Lien Law is whether the service of a notice to commence and to foreclose said lien can be done by certified mail and first-class mail or should the strict language of the statute be followed. “[A] notice shall be served upon the lienor, either personally or by leaving it a[t] his last known place of residence, with a person of suitable age, with directions to deliver it to the lienor.” (Lien Law § 59.) This court answered that…

2Cases cited1 opinion

  1. Apollo Construction & Development, Inc. v. MazzaAppellate Terms of the Supreme Court of New York · 2006

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