Peter B. O'Connell, Albany, for appellant.

Rudolph J. Meola, Albany, for Ally Financial, Inc., respondent.

Rumsey, J. Appeal from a judgment of the Supreme Court (Ferreira, J.), entered December 16, 2016 in Albany County, which partially granted petitioner's application, in a proceeding pursuant to Lien Law § 201-a, to declare a garagekeeper's lien null and void.

On February 10, 2016, respondent All County Towing and Recovery (hereinafter respondent) towed a vehicle to its facility at the direction of law enforcement. Shortly thereafter, respondent mailed a notice to the owner of the vehicle and to petitioner, a lienholder, advising that it had taken custody of the vehicle as a result of police impound, that storage fees were accruing daily and that once the vehicle was released from police impound, it could be retrieved "upon full payment of all charges accrued" as of the date of release. Petitioner thereafter commenced this proceeding seeking, among other things, invalidation of the lien asserted by respondent. After joinder of issue, Supreme Court declared the purported lien to be invalid. Respondent appeals.

The notice that respondent sent in this case was identical in format to the notice that it sent to the owner and lienholder in Matter of Nissan Motor Acceptance Corp. v All County Towing (161 AD3d 1423 [2018]), recently decided by this Court. Notably, in both cases, the notice did not state that respondent claimed a lien on the vehicle, as required to [*2]validly assert a lien pursuant to Lien Law § 184 (5).^[FN*] Thus, Supreme Court properly declared the purported lien to be invalid (see id. at 1425). Our determination renders respondent's remaining contentions academic.

McCarthy, J.P., Egan Jr., Devine and Mulvey, JJ., concur. Ordered that the judgment is affirmed, with costs.