The entity listed as our company's name is incorrect. We filed our lien on Nov 2020 in NY and have until June 2021 to reinforce the lien. Since we are in legal action, the other party wants to void the lien altogether since the company listed is non-existent. Our lawyer wants confirmation to amend the lien if the following law applies to our situation: An amendment can only be done within sixty (60) days of the filing of your mechanic’s lien. Second, the amendment must be done on twenty (20) days notice to existing lienors, mortgagees and the owner. Third, the amendment must be to reduce the amount of the lien. You cannot amend a mechanic’s lien to increase the amount of the lien. In other certain limited instances, Lien Law Section 12-a (2) permits a court, on five days notice to existing lienors, mortgagees and the owner, to amend a mechanic’s lien nunc pro tunc. However, the amendment may not be granted if it would prejudice an existing lienor, mortgagee or purchaser in good faith. Some examples of amendments that have been permitted are amendments to the name of the contracting party (the party that hired the lienor) and the dates of furnishing (if the amendment would not have changed the validity of the lien had the correct dates been originally inserted). If the totality of the inaccuracies would render the lien such that there was not substantial compliance with the terms of the Lien Law then the lien cannot be saved by amendment and will be found defective and voidable.
A misidentification of the lienor on the notice of Mechanic's Lien is a cureable defect that does not require dismissal of the lien. See, Mannniello v. Hossein, 279 AD2d 460, 719 NYS2d 100