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Real Property Law
Mechanic's Lien Not Invalid on Its Face Matter of Old Post Road Associates, LLC v. LRC Construction, LLC NYLJ 11/8/19, p. 29, col. 3 AppDiv, Second Dept. (memorandum opinion)
In a proceeding to discharge a mechanic's lien, fee owner appealed from Supreme Court's denial of the petition. The Appellate Division affirmed, holding that the lien was not invalid on its face.
In April 2016, fee owner engaged lienor to perform preconstruction management services in connection with a development project. Fee owner terminated lienor's services in March 2017, and lienor did not provide construction management services for the project. In August 2017, lienor filed a mechanic's lien alleging that it was owed $250,000 for its preconstruction management services. Fee owner then filed this petition, pursuant to Lien Law section 19(6), to summarily discharge the lien, contending that the lien was invalid on its face because the precondition management services could not form the basis of a mechanic's lien. Supreme Court denied the petition, and fee owner appealed.
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