Citation Numbers: 176 Misc. 2d 277, 671 NYS2d 614
Judges: Thomas
Filed Date: 3/3/1998
Status: Precedential
Modified Date: 2/5/2022
OPINION OF THE COURT
On August 21, 1996, plaintiff filed a notice of mechanic’s lien against the property situated at Block 2575, Lot 160, in the County of Queens, known as 49-29 Maspeth Avenue, Maspeth, New York. The notice of lien was filed against the interest of defendant Transportation Displays, Inc., as owner, and defendant Gateway Demolition Corp., as the general contractor. Plaintiff served the notice of lien on the defendants on August 21, 1996 by certified mail, return receipt requested, and filed proof of service on September 4, 1996. Plaintiff commenced the within action and filed a notice of pendency on August 20,1997.
Contrary to defendants’ assertions, the current provisions of Lien Law § 11 do not require an attempt at personal service of the mechanic’s lien, before resorting to service by registered or certified mail addressed to the corporation’s last known address (see, 8 Warren’s Weed, New York Real Property, Mechanics’ Liens, § 3.03 [4th ed 1998]; cf., Bank Leumi Trust Co. v Ryder Constr., 191 AD2d 224 [prior provision of Lien Law § 11 required an attempt at personal service before resorting to other methods of service]). Plaintiff herein served the notice of lien on the defendants by certified mail, return receipt requested. While Lien Law § 11 does not provide for the use of return receipt requested, this is an additional service provided by the post office for mail classified as certified, and provides evidence to the mailer that an article has been received at the delivery address (39 CFR part 3001, subpart C, appendix A, § 16.010). Certified mail is delivered to the addressee, or “[i]f the initial attempt to delivery mail is not successful, a notice of arrival is left at the mailing address” (39 CFR part 3001, subpart C, appendix A, § 5.023). Return receipt service provides the mailer with a “signature of the addressee or addressee’s agent, the date delivered, and the address of delivery, if different from the address on the mailpiece” (39 CFR part 3001, subpart C, appendix A, § 16.0211). Certified mail, return receipt requested, thus restricts delivery of a letter, in a manner not provided for by Lien Law § 11. The additional use of return receipt service, however, would not deprive the owner herein of timely notice of the lien (cf., Hsu v Emerson Collision, 126 Misc 2d 385). The court, therefore, finds that plaintiff properly served defendants with notice of the hen, pursuant to Lien Law § 11.
Defendants’ request to dismiss the second cause of action is granted, and the complaint is dismissed as to Transportation Displays, Inc.