Hui's Realty, Inc. v. Transcontinental Construction Services Ltd.

OPINION OF THE COURT

Karla Moskowitz, J.

Petitioner, Hui’s Realty, Inc., moves to have a mechanic’s lien declared null and void. Respondent, Transcontinental Construction Company, cross-moves to extend the time for filing proof of service of the mechanic’s lien and to vacate the termination of the notice as a lien.

Respondent filed the mechanic’s lien on the property, located at 36-38 Rivington Street, New York, New York, on December 12, 1988. Several days later, well within the statutory time, respondent effected personal service on petitioner. In November 1989, respondent then filed to extend…