Tri Quality Mechanical Corporation v. Chappastream Corporation

In Tri Quality Mechanical Corporation v. Chappastream Corporation, 138 A.D.2d 610 (2d Dept. 1988), a case heavily relied upon by 32 AA, the lienor failed to name the true owner of the property in its notice of lien. The true owner (Chappastream Corporation) was allegedly a wholly owned subsidiary of the named party (Central Federal Savings & Loan). The motion of the lienor seeking to amend its notice to name the true owner was denied, the court concluding that the "notice of lien did not misdescribe the true owner of the real property ...; rather it totally misidentified the true owner and as such is jurisdictionally defective and void". The court held that "while a failure to state the true owner or contractor or a misdescription of the true owner will not affect the validity of a notice of lien (Lien Law 9[7]), a misidentification of the true owner is a jurisdictional defect which cannot be cured by an amendment nunc pro tunc" (p. 611).