Schedule a Consultation “How do I file a mechanic’s lien in New York?” That might be one of the most common questions we hear here at Kushnick Pallaci day in and day out. Thankfully, the answer is that filing a mechanic’s lien is … Continue reading
Category Archives: Lien Foreclosure
Public Improvement Lien Deadline Runs from Completion and Acceptance
Lien Law Section 12 seems pretty clear but its always nice to have the Appellate Division confirm that clarity. In Munoz Trucking Corp. v. Darcon Const. Inc. Munoz apparently filed a public improvement lien that mistakenly named Darcon as the general contractor. … Continue reading
Termination of Public Works Contract Does Not Necessarily Start Lien Clock
In County Wide Flooring, Corp. v. Town of Huntington the Court was faced with a motion to discharge a public improvement lien and dismiss the foreclosure action. The contractor apparently filed two mechanic’s liens. It failed to foreclose on the first … Continue reading
Appellate Court: Homeowners did not establish willful exaggeration of lien
One of the most effective weapons against mechanic’s lien abuse by contractors is the owner’s ability to use Lien Law Section 39 and 39-a to defend against a “willful exaggeration” of a mechanic’s lien. However, the burden of proving the … Continue reading
Reasonableness of Lien Not a “facial defect”
Rare Lien Commentary from Court of Appeals It is not often that the Court of Appeals chimes in on issues relating to the Lien Law in New York. As construction practitioners, if we get a decision a year from the … Continue reading