Two-Family Conversion and the Lien Filing Period: J. B. Custom Masonry

Reviewed September 7, 2026.

In J. B. Custom Masonry & Concrete, Inc. v. Sutera, 2013 NY Slip Op 50697(U) (Sup Ct, Queens County 2013), an owner sought to discharge a lien filed more than four months after the contractor’s last work. The project involved conversion of a two-family building to a single-family dwelling.

The trial court relied on the architect’s evidence and permit materials showing the two-family status when work began. It applied the eight-month period and denied the requested discharge, despite the owner’s assertion that the property was being used as a single-family home.

Correctly distinguish the filing periods

The original article contained a sentence incorrectly assigning four months to two-family property. Under Lien Law § 10, the general private-improvement period is eight months; the shorter four-month rule applies to single-family dwellings, subject to the statute’s defined exceptions. A separate rule addresses retainage.

This trial-level conversion decision should not be treated as a universal eight-month rule for every residential renovation. The statute refers to property improved or to be improved with a single-family dwelling, and classification disputes require careful review of the facts and controlling law. Obtain the permits, plans, property records and work dates early. Where classification is uncertain, do not wait beyond the shorter potential deadline without legal advice.

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

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