Matter of Rigano v Vibar Constr., Inc.
Decided 9/30/15 by the Appellate Division: Second Department
Upon remittitur from the Court of Appeals, the Court found that, upon re-argument, the Supreme Court should have granted Vibar Construction’s petition to amend the notice of lien nunc pro tunc and deny the petition to summarily discharge the lien.
The Court found that subject notice of lien was in substantial compliance with the requirements of the Lien Law and that no party would be prejudiced by the amendments. The Court affirmed the ruling that, “in the absence of a defect upon the face of the notice of lien, any dispute regarding the validity of the lien must await trial of the foreclosure action.”
Related mechanic’s lien resources
These related resources provide additional guidance on New York mechanic’s liens, lien enforcement, lien itemization, and construction payment disputes.
Need guidance on a construction law issue?
Speak with Kushnick Pallaci about your next step.
Our New York construction attorneys represent contractors, owners, developers, design professionals, and property stakeholders in disputes, contracts, liens, claims, and risk management matters.
