Reviewed September 7, 2026.
A lien that survives an early motion can still fail after discovery and trial. The IVM litigation demonstrates why an interim ruling should not be reported as a final determination of validity.
The 2010 ruling
In IVM General Construction v. Neptune Estates, LLC, 29 Misc. 3d 1238(A) (2010), disputed facts about payment, releases and work dates prevented summary dismissal. The court also explained that claims for work under separate agreements with the replacement contractor required a separate lien. It required IVM to post a $100,000 undertaking as a condition of continuing the lien.
The later trial changed the result
In Neptune Estates, LLC v. Big Poll & Son Construction, LLC, 39 Misc. 3d 649 (2013), the court found after trial that IVM knowingly filed a lien based on a fictitious claim, including false work dates and an unsupported claim to an upstream balance. It expressly rejected the suggestion that the prior procedural rulings had validated the lien. The court awarded $150,036.41 plus interest against IVM and its participating principal for the wrongful filing.
Keep each claim tied to its actual contract
Maintain accurate work dates, contracting-party identities, payment records and releases. Work for a successor contractor should not simply be added to an earlier contractor’s lien to extend its filing period. Recheck the factual basis as evidence develops, and distinguish denial of summary judgment from a ruling after trial. Exposure from a knowingly wrongful filing may extend beyond statutory willful-exaggeration remedies where an independent claim is established.
Kushnick Pallaci PLLC assists clients throughout New York with mechanic’s lien enforcement and defense. Contact 631-752-7100 or vtp@kushnicklaw.com.
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