Grill and Gurdus Victorious

September 14, 2015 | Appeals

David M. Grill and Jason Gurdus successfully convinced the Court to discharge a mechanic’s lien of record based upon lienor’s failure to provide a detailed itemized statement of lien pursuant to Lien Law Section 38.  The court held, after ordering the lienor to correct the deficiencies in the itemized statement of lien furnished, that the second itemized statement was also insufficient because there was no specification regarding the description, quantity and costs of the materials used and the nature of the labor and the time spent on the project.  Absent such specification, the court opined that the itemized statement of lien was insufficient pursuant to Lien Law Section 38, and accordingly, vacated and discharged the mechanic’s lien of record.

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