Bryan's Quality Plus, LLC v. Dorime
Opinion of the Court
Ordered that the order is reversed insofar as appealed from, on the law and the facts, with costs, and that branch of the preanswer motion of the defendant Serge Dorime which was to vacate the plaintiffs mechanic’s lien is denied in its entirety.
A court has no power to vacate or discharge a notice of lien except as authorized by Lien Law § 19 (6) (see Matter of Gold Dev. & Mgt., LLC v P.J. Contr. Corp., 74 AD3d 1340 [2010]; Matter of Northside Tower Realty, LLC v Klin Constr. Group, Inc., 73 AD3d 1072 [2010]; Dember Constr. Corp. v P & R Elec. Corp., 76 AD2d 540, 546 [1980]). “Lien Law § 19 provides the grounds for the discharge of a mechanic’s lien interposed against a nonpublic improvement” (Matter of Northside Tower Realty, LLC v Klin Constr. Group, Inc., 73 AD3d at 1072, citing Coppola Gen. Contr. Corp. v Noble House Constr. of N.Y., 224 AD2d 856, 857 [1996]).
The Supreme Court improperly vacated the portion of the plaintiffs mechanic’s lien seeking the sum of $192,000. Contrary to the Supreme Court’s finding, the lien was not defective on its face because it included charges by the plaintiff subcontractor for standby time, since such charges may be the subject of a lien (see L. B. Foster Co. v Terry Contr., 34 AD2d 638 [1970]; see also Pontos Renovation v Kitano Arms Corp., 204 AD2d 87 [1994]; Care Sys. v Laramee, 155 AD2d 770 [1989]). Contrary to the position of the defendant owner, the validity of such charges will have to be determined at trial and the lien for those charges cannot be summarily discharged (see Matter of Northside Tower Realty, LLC v Klin Constr. Group, Inc., 73 AD3d at 1072-1073).
The Supreme Court also improperly set the matter down for a framed-issue hearing concerning the validity of the remainder of the lien to determine if the defendant owner made full payment to the defendant contractor for the installation of the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.