2013 New York Consolidated Laws
LIE - Lien
Article 2 - (3 - 39-C) MECHANICS' LIENS
39-A - Liability of lienor where lien has been declared void on account of wilful exaggeration.


NY Lien L § 39-A (2012) What's This?
 
    §  39-a.  Liability  of  lienor  where  lien has been declared void on
  account of wilful exaggeration. Where in any  action  or  proceeding  to
  enforce a mechanic's lien upon a private or public improvement the court
  shall  have  declared  said  lien  to  be  void  on  account  of  wilful
  exaggeration the person filing such notice of lien shall  be  liable  in
  damages  to  the  owner  or  contractor. The damages which said owner or
  contractor shall be entitled to recover, shall include the amount of any
  premium for a bond given to obtain the discharge  of  the  lien  or  the
  interest on any money deposited for the purpose of discharging the lien,
  reasonable attorney's fees for services in securing the discharge of the
  lien,  and an amount equal to the difference by which the amount claimed
  to be due or to become due as stated in the notice of lien exceeded  the
  amount actually due or to become due thereon.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.