In a recent post, the PAID blog discussed how New York courts will rarely (although sometimes do) summarily dismiss exaggerated mechanics liens. However, in a recent case, Neptune Estate v. Big Poll & Son Construction, L.L.C., a New York Supreme Court took the issue of an exaggerated lien one step further in answering the question: [...]
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Mechanics Lien Exaggeration: Grounds to Dismiss a Lawsuit in New York?
Summary Judgment: An Introduction Most people think that if a lawsuit proceeds to trial, there’s only one opportunity to win or lose: When a jury issues a verdict. In civil trials, however, this scheme isn’t always true. Let’s say that you’re a property owner and that a subcontractor who performed work on your home filed [...]
Mechanics Lien Priority in NY: Lien vs Mortgage
Whenever a property owner goes into financial trouble, mechanics lien claimants naturally wonder if they can still get paid. This often comes down to determining where the mechanics lien ranks on the lien priority ladder. Unfortunately, the answer is far from simple. One may think that whatever assets the property owner still has could be [...]
New York Mechanics Lien: How To File Your Claim
Filing a mechanics lien in any state is a tricky and technical affair, and this is true in New York. Over looking a trivial step in the process or making a small mistake on the mechanics lien form can invalidate your lien claim completely. This articles provides a step-by-step explanation of what is required to [...]
Mechanics Lien: How does Zlien sign your documents?
Will Zlien be sending me paperwork to sign? In most cases, the answer is No. Zlien is compliant with every state’s lien and notice requirements. If we are capable of signing your documents on your behalf as an authorized agent, then we take care of getting your documents signed and notarized if necessary. When you [...]
Mechanic Liens: Should Clerks And Recorders Ever Be Authorized To Reject A Filing? Are They Now?
A friend of the blog, Vincent Pallaci, posted an article this week about a New York bill proposing to require proof of licensing before allowing a mechanics lien recording. According to Vincent, it’s a bill that has been proposed to the New York State Assembly every year since 2004 and a bill that should continue [...]
What If Your Mechanics Lien Is Filed After The Owner Sells The Property?
Earlier this week someone asked a question on Avvo.com about whether a mechanics lien would be effective if filed after ab original owner sold the property. This is a great question that comes up pretty infrequently, but depending on the applicable state law, may be a great illustration of how effective and dangerous mechanics lien [...]
Hurricane Sandy: Waiting for Insurance Checks May Cost Contractors Lien Rights If Not Careful
As a New Orleans resident, I know the devastating effect that Hurricanes can have on the landscape. As a construction lawyer in this area, I know the effects that Hurricanes have on the construction industry. This blog is targeted to all those contractors, suppliers and equipment lessors in the North East who are working on [...]
Are New York Mechanics Lien Challenges Impossible?
The Kings County Supreme Court in New York recently refused to invalidate a mechanics lien even though it appeared pretty likely that the claim was filed late. The case underscores how difficult it is to challenge the validity of a lien claim through a motion. Mechanics Lien That States Work Done Within 8 Month Filing [...]
New York Mechanics Lien Extension Rules Cloudy With A Chance Of Controversy
Hat tip to our friend Vincent Pallaci of the New York Mechanics Lien Blog for calling our attention to a very interesting and controversial mechanics lien decision from the appeals court in New York affecting lien extensions in his blog article: Appeals Court Reinstates Discharged (Expired) Mechanic’s Lien. At issue in the case In the [...]
New York Exaggerated Lien Claims More Difficult To Prove After Recent Appeals Case
In New York, as is the case in almost every state, the party filing a mechanics lien must do so truthfully. The mechanics lien statement must always be signed, and oftentimes must be notarized and verified, indicating that the facts and figures set forth therein are true and correct. This extends, of course, to the [...]
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Scott Wolfe Jr., JD
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