The firm successfully obtained an order dismissing a Lien Law foreclosure action instituted against a corporate client and obtained clarification of an often puzzling provision of the New York Lien Law.
The Court found that under Lien Law Sections 9(2) and 44(3), the misidentification of the owner of the property upon which the lien was filed rendered the lien jurisdictionally defective. As the corporation named in the Notice of Mechanic’s Lien was not the true owner of the property, the Court dismissed the action.
The Court further denied the Plaintiff’s motion to amend the notice of lien to include the true owner.
This decision further clarifies for construction law practitioners, the distinction between a mere “misdescription” of a property owner which has often been held excusable under the Lien Law, versus a “misidentification” of a property owner, which constitutes a jurisdictional defect.