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Second Department Says Mechanic’s Lien Not Invalid on Its Face

Second Department Says Mechanic’s Lien Not Invalid on Its Face

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This comes as no surprise, and certainly is not novel law, but the Second Department has again reminded us that “a court has no inherent power to vacate or discharge a notice of lien except as authorized by Lien Law section 19(6).”  At issue was whether a lien was invalid on its face.  The Court found that the documentary evidence presented raised issues of fact as to whether the work performed was within the statutory eight month perio and was performed pursuant to the parties contract.  SeeLane Constr. Co. Inc. v. Chayat.

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