Conversion of Two Family Home to Single Family Home Subject to 8 Month Lien Period

In J.B. Custom Masonry & Concrete v. Sutera, the owners moved to dismiss a mechanic's lien filed by the contractor.  The owners argued that the property was a non-conforming two family that was being converted into a one family and, therefore, that the work performed by the contractors was on a single family home.  Of course if the work was on a two family home then the lien would be subject to the 4 month period.  Here, the 4 month filing period was important because the lien was not filed within the 4 month period but was filed within the 8 month period.

The court found that because the evidence established that the structure was being converted to a single family home, but was not at the time of the work an actual single family home, that it was a multiple dwelling and therefore subject to the 8 month filing period.  The court therefore denied the motion to vacate the mechanic's lien and vacate the Notice of Pendency filed in connection with the mechanic's lien.

Vincent T. Pallaci is a partner with the New York law firm of Kushnick Pallaci, PLLC.  With offices in Long Island and Buffalo, New York, KP regularly represents prosecutes and defends mechanic's lien enforcement litigation.