Mechanic's liens.

Practice point: A contractor who performs work for, or provides equipment to, a tenant may impose a mechanic's lien against the premises, where the owner of the premises affirmatively gave consent for the work or equipment directly to the contractor, but not where the owner has merely approved or acquiesced in the undertaking of such work or the providing of such equipment.

Student note: To sustain the lien, the owner must either be an affirmative factor in procuring the improvement to be made, or, having possession and control of the premises, assent to the improvement in the expectation that the owner will reap the benefit of it.

Case: Mediterranean Contr., Inc. v. 115 Hoyt, LLC, NY Slip Op 03149 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: The continuous treatment doctrine.