Opinion
June 26, 1995
Appeal from the Supreme Court, Richmond County (Amann, J.).
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the appellant's assertions on appeal, the Supreme Court permissibly considered the petitioner's claim in support of its motion for reargument that service of the notice of lien was defective (see, Matter of PKS Dev. Co. v. Kahn Lbr. Millwork Co., 187 A.D.2d 656). Further, because service was not properly effected pursuant to Lien Law § 11, the appellant's lien was properly discharged (see, Matter of HMB Acquisition Corp. v. F K Supply, 209 A.D.2d 412; Matter of Podolosky v. Narnoc Corp., 196 A.D.2d 593; Bank Leumi Trust Co. v. Ryder Constr., 191 A.D.2d 224; PKS Dev. Co. v. Kahn Lbr. Millwork Co., supra, at 656; 146 W. 45th St. Corp. v. McNally, 188 A.D.2d 410; Matter of Hui's Realty v. Transcontinental Constr. Servs., 168 A.D.2d 302; Murphy Constr. Corp. v. Morrissey, 168 A.D.2d 877).
In light of our determination, we need not reach any other arguments. Rosenblatt, J.P., Ritter, Copertino and Hart, JJ., concur.