Out-of-State Corporations Filing New York Mechanic’s Liens

Reviewed September 7, 2026.

An out-of-state corporation should review its entity information, addresses and authority to do business before filing or enforcing a New York mechanic’s lien.

Use accurate information in the notice

Lien Law § 9 requires the prescribed lienor and business information, including a foreign corporation’s principal place of business within New York. It also calls for the lienor’s attorney’s name and address, “if any.” Do not invent a New York business address.

Courts have addressed how a corporation with no actual New York office can comply. In Nistler Carpentry, Inc. v. Gangcarz (Sup Ct 2018), the notice’s New York attorney information satisfied the address issue. In Matter of Superior Maintenance Group (Sup Ct 2009), the court declined to read the statute as universally requiring a corporation without a New York office to hire an attorney merely to file its lien. These decisions do not support a categorical rule that every out-of-state lien is invalid without a New York attorney address.

Filing and capacity to sue are separate

Business Corporation Law § 1312 restricts an unauthorized foreign corporation doing business in New York from maintaining an action until statutory requirements are met, while preserving specified other rights. Whether the corporation is “doing business” for that purpose requires analysis of its activities. Review any applicable licensing requirements as well.

Verify the legal entity name, genuine business addresses, required registrations, attorney information if represented, and all lien filing and service requirements before submission.

Kushnick Pallaci PLLC assists clients throughout New York with New York mechanic’s lien preparation and enforcement. Contact 631-752-7100 or vtp@kushnicklaw.com.

Attorney Advertising. General information, not legal advice.