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
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 “willfully exaggerated” lien. However, the burden of proving the “intent” necessary to … Continue reading
It is not often that the Court of Appeals chimes in on issues relating to the Lien Law in New York. As construction practioners, if we get a decision a year from the State’s highest Court its exciting. So, the … Continue reading
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In Icdia Corp. v. Visaggi (2nd Dept. January 2016) the owner defendant (the “owner”) leased the commercial premises at issue to the co-defendants. One of the co-defendants entered into a contract with the plaintiff to renovate the leased premises. Ultimately, … Continue reading