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MATTER OF B. G. SCHEFA DEV. v. PERAGINE

Appellate Division of the Supreme Court of New York, Second Department.
Jul 16, 2001
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ORDERED that the order is affirmed insofar as reviewed; and it is further,

ORDERED that Michael Peragine, d/b/a Peragine Construction Maintenance Contractors, is awarded one bill of costs.

The Supreme Court properly denied the petition to discharge the mechanic's lien filed by the respondent, Michael Peragine, d/b/a Peragine Construction Maintenance Contractors (hereinafter Peragine), as the notice of lien substantially complied with the requirements of Lien Law 9 (see, Fyfe v. Sound Dev. Co., 235 N.Y. 266; Matter of Nimke v. Inta-State, 34 A.D.2d 675). Further, the Supreme Court providently exercised its discretion in granting Peragine's cross petition to amend the notice of lien nunc pro tunc, inter alia, to correct certain typographical errors (see, Lien Law 12-a).

The appellant's remaining contentions are without merit.

ALTMAN, J.P., KRAUSMAN, McGINITY and COZIER, JJ., concur.