You are here: / / Itemization of Mechanic’s Lien Not Necessary/Contract Adequately Apprised O...

Itemization of Mechanic’s Lien Not Necessary/Contract Adequately Apprised Owner of Lienor’s Claim

The Third Department determined that plaintiff was not required to provide an itemized list of labor and materials to substantiate its claim under the Lien Law (mechanic’s lien).  The lienor need only supply an itemized list when itemization is necessary to apprise the owner of the details of the lienor’s claim.  Here there was a construction contract which plaintiff alleged was performed in full. Itemization would therefore be “superfluous:”

Lien Law § 38 states that a lienor “shall, on demand in writing, deliver to the owner or contractor making such demand a statement in writing which shall set forth the items of labor and/or material and the value thereof which make up the amount for which he [or she] claims a lien, and which shall also set forth the terms of the contract under which such items were furnished.”  While that language “appears to confer an unrestricted right to an itemization of labor and materials, such is not the case” … .  Itemization is instead required only when it is necessary “to apprise the owner of the details of the lienor’s claim” … .

Turning to the case at hand, plaintiff asserts that it performed the 2011 construction contract in full, and its claim with regard to that contract “is based on an express contract for a specific sum” … .  Defendants do not dispute that they were fully aware of the terms of that contract and, indeed, they attached a copy of the written contract to their answer. Associated Building Services Inc v Pentecostal Faith Church, 516897, 3rd Dept 12-12-13

 

You might also like
Claimant’s Non-Work-Related Felony Deemed to Breach Express or Implied Duty Owed to Employer
HERE THE FACILITY REVIEW OFFICER VIEWED THE VIDEO EVIDENCE AND EXPRESSED THE CONCLUSION PETITIONER HAD VIOLATED PRISON RULES BEFORE THE DISCIPLINARY HEARING; THAT SAME OFFICER DECIDED PETITIONER’S ADMINISTRATIVE APPEAL; THAT SCENARIO VIOLATED DUE PROCESS; THE MISBEHAVIOR DETERMINATION WAS ANNULLED (THIRD DEPT).
POLICE OFFICER WAS JUSTIFIED IN FOLLOWING DEFENDANT’S CAR AFTER OBSERVING A TRAFFIC VIOLATION, DIRECTING THE OCCUPANTS OF THE CAR TO RETURN TO THE CAR AFTER IT PULLED INTO A RESIDENTIAL DRIVEWAY, AND DETAINING THE DEFENDANT AND CONDUCTING A SEARCH ON THE PROPERTY AFTER THE HOMEOWNER SAID HE DID NOT KNOW THE OCCUPANTS OF THE CAR (THIRD DEPT).
Length of Probationary Term for New County Employees Is Arbitrable Under the Two-Prong Test
THE UNAVAILABILIITY OF PARKING FOR WORK REQUIRED THAT CLAIMANT CROSS A DANGEROUS ROAD TO GET TO HIS WORKPLACE; THE INJURIES SUFFERED WHEN CLAIMANT WAS STRUCK BY A VEHICLE WERE THEREFORE COMPENSABLE (THIRD DEPT).
DESPITE THE FAILURE TO RAISE THE ISSUE ON APPEAL, THE INCLUSORY CONCURRENT SECOND DEGREE MURDER COUNTS MUST BE DISMISSED BASED UPON THE FIRST DEGREE MURDER CONVICTION (THIRD DEPT).
SMALL INFORMAL LAW FIRM PROPERLY DISQUALIFIED BECAUSE AN ASSOCIATE PREVIOUSLY REPRESENTED THE OPPOSING PARTY 3RD DEPT.
SELLERS STRUCTURED THEIR OFFER TO SELL PROPERTY WITH THE INTENT TO DEPRIVE PLAINTIFF OF HIS RIGHT OF FIRST REFUSAL, SELLERS EXHIBITED BAD FAITH AS A MATTER OF LAW, SUPREME COURT REVERSED (THIRD DEPT). ​

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Garagekeeper’s Lien Ineffective Against Owner of Leased Vehicle/Lessee Did... Foreclosure On Both Junior and Senior Mortgages May Result in Unjust Enrichment...