67 Liberty LLC v 67 Liberty St. Assoc., LLC

67 Liberty LLC v 67 Liberty St. Assoc., LLC 2012 NY Slip Op 07586 Decided on November 13, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 13, 2012
Tom, J.P., Andrias, Renwick, DeGrasse, Richter, JJ.
8528 650574/11

[*1]67 Liberty LLC, Plaintiff-Respondent,

v

67 Liberty Street Associates, LLC, et al., Defendants-Appellants, Nu-Way Crane Service Inc., et al., Defendants.




Tarter Krinsky & Drogin LLP, New York (David J. Pfeffer of
counsel), for appellants.
Zeichner, Ellman & Krause LLP, New York (Steven S. Rand
of counsel), for respondent.

Order, Supreme Court, New York County (Anil C. Singh, J.), entered October 13, 2011, which, in this action to foreclose on a mechanic's lien, denied defendants-appellants' motion to dismiss the complaint, unanimously affirmed, without costs.

Appellants, as property owner, argue that an assigned mechanic's lien is unenforceable unless plaintiff assignee was also assigned the agreement under which the debts arose. Appellants argue that for plaintiff to be able to enforce its lien in a foreclosure proceeding, it also needed the assignor to assign over its rights and obligations under the construction agreement. We disagree inasmuch as the Lien Law specifically enables laborers to assign enforceable debts that have been validly filed as liens under the Lien Law (see Lien Law § 2[1], § 14; Russell & Erwin Mfg. Co. v City of New York, 118 App Div 88 [1st Dept 1907]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 13, 2012

CLERK