It is a topic often discussed on this site – discharging a mechanic’s lien summarily can only be achieved based upon facial defects in the lien. In Construction for Commerce, Inc. v.1325 48th Street, LLC, the Second Department of the Appellate Division again reminded us of this fact noting that:
“a court may summarily discharge “of record the alleged lien” when “it appears from the face of the notice of lien that the claimant has no valid lien by reason of the character of the labor or materials furnished and for which a lien is claimed, or where for any other reason the notice of lien is invalid by reason of failure to comply with the provisions of section nine of this article, or where it appears from the public records that such notice has not been filed in accordance with the provisions of section ten of this article”
Remember, when the defect does not go to the face of the lien, for example, if you want to dispute the quality of the work of the amount due, then Lien Law Section 19(6) will not work.
Vincent T. Pallaci is a partner at the New York law firm of Kushnick Pallaci, PLLC where his practice focuses primarily on the area of construction law. He can be reached at (631) 752-7100 or email@example.com