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Home>Levelset Community>Legal Help>Contractor did work - supplies renovation of a RESIDENTIAL COOPERATIVE. Work w as done in ONE APT. at the building in Queens, New York (New York City). OWNER of SHARES in the Apt. but NOT the Owner of the building, failed to pay 1/2 of the Costs. QUESTION: Can CONTRACTOR file a MECHANICS LIEN which would be filed against the BLOCK & LOT of the bldg., but only relate to One Apartment. The lien would then affect the entire bldg. If the MECHANICS LIEN specified the claim is against only one Apt., that would still affect TITLE to the entire bldg. IS THIS LIEN PERMISSIBLE?

Contractor did work - supplies renovation of a RESIDENTIAL COOPERATIVE. Work w as done in ONE APT. at the building in Queens, New York (New York City). OWNER of SHARES in the Apt. but NOT the Owner of the building, failed to pay 1/2 of the Costs. QUESTION: Can CONTRACTOR file a MECHANICS LIEN which would be filed against the BLOCK & LOT of the bldg., but only relate to One Apartment. The lien would then affect the entire bldg. If the MECHANICS LIEN specified the claim is against only one Apt., that would still affect TITLE to the entire bldg. IS THIS LIEN PERMISSIBLE?

New YorkMechanics Lien

I am attorney representing the Contractor and do not want to incur any liability for filing this Mechanic's Lien

1 reply

Feb 23, 2018
Section 3 of the New York mechanics lien statute provides that the following parties may file a mechanics lien: "A contractor, subcontractor, laborer, materialman, landscape gardener…who performs labor or furnishes materials for the improvement of real property with the consent or at the request of the owner thereof, or of his agent…" Thus, for lien rights to arise for work done on one unit, the work must have been authorized by the owner - not just for the tenant where work was performed. A more in-depth analysis of owner consent on New York tenant improvements can be found in this article: Filing New York Mechanics Lien When Tenant Commissioned Work Depends On Owner’s Consent.
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