Grill, Schieber and Gold Successfully Invalidate and Discharge a Defective Mechanic’s LienApril 15, 2016 | |
A mechanic’s lien, which completely misidentified the owner of the real property, was deemed fatally defective and canceled by the Court. In the case of In re Jennifer S. Stachel, DMD, PC. Supreme Court, New York County, Index No. 152463/2016, Judge Edmead discharged, as jurisdictionally defective, a mechanic’s lien filed by a contractor that misidentified the legal owner of the building in which work was performed. The Court noted a clear distinction between liens that “misidentify” a property owner, as opposed to liens that “misdescribe” the property owner. Unlike a lien that misdescribes a property owner, a lien that misidentifies it, cannot be cured by a retroactive amendment. The consequence here was that the mechanic’s lien was vacated and the lienor was deemed to have permanently forfeited its valuable lien rights.
- David M. Grill
- Evan R. Schieber