240-35 ASSOCIATES v. MAJOR BUILDERS CORP

The lien cannot be enforced since it expired a week before this action was commenced (Lien Law § 17). However, the Lien Law permits a personal judgment to be obtained where the complaint contains allegations sufficient to state a cause of action in contract (Lien Law § 54; Noce v Kaufman, 2 NY2d 347; Abbott v Easton, 195 NY 372, 376; Paro v Biondo, 105 AD2d 577, 577-578; Spartan Concrete Corp. v Harbour Val. Homes, 71 AD2d 950; Eagle Contrs. v Black, 7 AD2d 622). We therefore grant plaintiff leave to plead such a cause of action.