Reviewed September 7, 2026.
This post originally examined S3482 in the 2013–2014 legislative session. The Senate’s archived record shows that proposal as remaining in committee. Its proposed wording should not be presented as the current criminal statute.
Current law has specific elements
Penal Law § 175.35 defines first-degree offering of a false instrument for filing, a class E felony. Its first subdivision requires, among other elements, knowledge of false information and intent to defraud a specified governmental entity. Its second subdivision addresses qualifying retaliatory UCC financing statements against public officers or judges and includes additional requirements.
Section 175.30 separately addresses second-degree false-instrument filing. A dispute over a construction invoice is not automatically proof of either crime. The actual document, conduct, knowledge and statutory elements matter.
Lien remedies have separate standards
Lien Law § 39 addresses willfully exaggerated liens, and § 39-a provides specified civil damages in qualifying enforcement proceedings. Civil invalidity, willful exaggeration and criminal guilt are different determinations.
A claimant should verify the debt, entity, property and supporting records before filing. An owner disputing a lien should preserve evidence and obtain advice about the appropriate civil response, without assuming that every mistaken lien constitutes a felony.
Kushnick Pallaci PLLC assists clients throughout New York with mechanic’s lien filing and defense. Contact 631-752-7100 or vtp@kushnicklaw.com.
Attorney Advertising. General information, not legal advice.
It is a balance to protect both the consumer and the contractors fairly. Interesting situation in NY with the new bill and trying to make "false liens" a public felony.
ReplyDeleteI would disagree that this is to protect the consumers and the contractors fairly. It is, in my humble opinion, intended solely to protect the public (not even consumers). There is no protection for the lienor in this bill.
ReplyDelete