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THE TIMELY FILING OF A SECOND MECHANIC’S LIEN TO CORRECT PROBLEMS WITH THE FIRST MECHANIC’S LIEN WHICH HAD BEEN CANCELLED BY THE COURT IS NOT PROHIBITED BY THE LIEN LAW (SECOND DEPT).

The Second Department, reversing Supreme Court, determined the Lien Law does not prohibit a second filing of a mechanic’s lien after the cancellation of the first:

Lien Law § 38 requires a lienor, upon demand, to provide a statement in writing setting forth, among other things, “the items of labor and/or material and the value thereof which make up the amount for which he [or she] claims a lien.” The statute further authorizes the commencement of a special proceeding upon a lienor’s failure to comply, and ultimately permits a court to cancel a lien if the lienor does not sufficiently comply with a court order requiring itemization … . The statute, however, does not prohibit a lienor from filing a new lien on the same claim following such cancellation … , and the courts have generally recognized that the timely filing of a successive lien on the same claim is permissible to cure an irregularity … . Matter of Red Hook 160, LLC v 2M Mech., LLC, 2022 NY Slip Op 01794, Second Dept 3-16-22

Practice Point: It is OK to file a second mechanic’s lien correcting problems in the first mechanic’s lien which was cancelled by the court.

 

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