When a subcontractor files a mechanic’s lien against a property, pursuant to Lien Law Section 19(6), the owner or any other party in interest (i.e., a general contractor), may apply for an order summarily discharging of record the alleged lien. In conjunction with the Lien Law, CPLR 402 states that…
In J. T. Magen & Co., Inc. v. Nissan North America, Inc., 178 A.D.3d 466 (First Dep’t 2019), the court applied some basic principles concerning willful exaggeration under the Lien Law to an unusual set of facts. While the court did not explicitly refer to Lien Law Section 39, it…
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