Chazon v. Overlook Holding, LLC

Order, Supreme Court, New York County (Paula Omansky, J.), entered February 11, 2002, which sua sponte dismissed the complaint against both defendants upon defendant Overlook Holding’s motion to dismiss the notice of lien for lack of proper service pursuant to *232Lien Law § 11, unanimously reversed, on the law, without costs, the complaint reinstated and defendant’s motion denied without prejudice to renew following remand for further proceedings in accordance with this decision.

The motion court erred in holding as a matter of law that nonparty Amnon Cohen was not a managing agent of defendant…