Schedule a Consultation 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
Category Archives: Lien Foreclosure
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 “willfully exaggerated” lien. However, the burden of proving the “intent” necessary to … Continue reading
Court of Appeals: Reasonableness of Lien Not a “facial defect”
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
Free Construction Payment Quick Reference Guide
Downloand this free quick reference guide for Importat Payment Recover Deadlines in the New York Construction Industry. Click Deadlines to download the PDF file now.
Court Finds Questions of Fact on Lien Challenge
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