Reviewed September 7, 2026.
In Bryan’s Quality Plus, LLC v. Dorime, 80 AD3d 639 (2d Dept 2011), the trial court reduced a $257,950 lien to $65,950 on a pre-answer motion, excluding $192,000 in standby charges and ordering a hearing on the remainder.
The Second Department reversed. The inclusion of standby charges did not make the lien facially defective because such charges may be lienable. Their validity in that dispute required determination through the foreclosure action. The court also rejected the pre-answer framed-issue hearing used to explore the owner’s payment defense.
A procedural ruling is not a payment award
The decision did not establish that every standby charge is lienable or that the contractor proved the full balance. The agreement, nature of the work, basis of the charge and supporting evidence still matter.
Lien Law § 19(6) is limited to its specified grounds. A party disputing the merits should present its defenses through the appropriate litigation procedure. A § 59 demand may be useful before enforcement begins, but it requires statutory service and a stated deadline at least 30 days after service. Once an action is pending, address its response deadlines directly.
Kushnick Pallaci PLLC assists clients throughout New York with mechanic’s lien foreclosure and defense. Contact 631-752-7100 or vtp@kushnicklaw.com.
Attorney Advertising. General information, not legal advice.
No comments:
Post a Comment