Amsterdam 147 Inc. v. City of New York
Summary of the case Amsterdam 147 Inc. v. City of New York
The Supreme Court, New York County, affirmed the dismissal of Amsterdam 147 Inc.'s complaint seeking to invalidate a lien for nuisance abatement charges. The court found that despite the Department of Health's failure to file orders timely, the plaintiff had notice of the lien upon purchasing the property.
Key Issues of the case Amsterdam 147 Inc. v. City of New York
- Validity of lien for nuisance abatement
- Notice of lien upon property purchase
Key Facts of the case Amsterdam 147 Inc. v. City of New York
- Plaintiff sought to invalidate a lien for nuisance abatement charges.
- Plaintiff purchased the building after charges were recorded, thus had notice of the lien.
Decision of the case Amsterdam 147 Inc. v. City of New York
Affirmed
Opinions
Order, Supreme Court, New York County (Saralee Evans, J.), entered November 27, 2002, which granted defendants’ motion to dismiss the complaint, unanimously affirmed, with costs.
Flaintiff sought a declaration that the lien against its property for amounts billed for nuisance abatement, pursuant to Administrative Code of the City of New York § 17-151, was not valid. Although the Department of Health failed to comply with section 17-151 (a), by not filing the purchase or work orders within 30 days of issuance of the nuisance abatement order, plaintiff purchased the building after the charges were recorded with the Department of Finance, and thus had notice of the lien (see Matter of 105th St. Dev. Corp. v Commissioner of Dept. of Health of City of N.Y., 189 Misc 2d 342 [2001]; cf. Rosenbaum v City of New York, 96 NY2d 468 [2001]).
We have considered plaintiffs remaining contentions and find them unavailing. Concur—Nardelli, J.P., Saxe, Ellerin, Gonzalez and Catterson, JJ.