Reviewed September 7, 2026.
Lien Law § 19(6) provides a limited procedure for summary discharge of a private-improvement lien. It addresses specified defects apparent from the notice and certain filing defects shown by public records; it is not a general procedure for trying disputed construction facts.
In Matter of Prospect Heights Rising Corp. (Queensboro Electrical Contracting Corp.), 37 Misc 3d 1224(A) (Sup Ct, Kings County 2012), the owner relied on a stop-work order to challenge the last-work date stated in the lien. The lien was timely on its face, and resolving the owner’s argument required deciding facts beyond that notice. The court denied the petition; it did not decide that the underlying debt or work date was correct.
Choose the proper procedure
A disputed balance, quality-of-work complaint or contested completion date may need to be litigated in the foreclosure action. The First Department reaffirmed the limits of § 19(6) in Broadway PT 1710 LLC v. Kingdom Associates, Inc. (2026).
If enforcement has not begun, a properly served § 59 demand may require commencement by a stated date at least 30 days after service. Failure to comply can support an application for a discharge order; it does not automatically cancel the lien. Check any existing action and the statutory service and court requirements before proceeding.
Kushnick Pallaci PLLC assists clients throughout New York with lien challenges and Section 59 demands. Contact 631-752-7100 or vtp@kushnicklaw.com.
Attorney Advertising. General information, not legal advice.
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