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How is New York a Defense of Payment state.

New YorkMechanics Lien

Contractor said they paid the subcontractor before we filed our Lien

1 reply

Oct 22, 2019
In New York, a "lien fund" must exist in order for a mechanic's lien to be valid.  This means that there must be money owed from the Owner to the Contractor at the time the lien is filed.  If the Contractor has been paid in full at the time a subcontractor or vendor's mechanic's lien is filed, then the lien is no good because there was no lien fund to which the lien could attach.
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