Home>Levelset Community>Legal Help>I am currently filing a lien and have one item to resolve. It is asking me the following: If You Are Not A New York Company, Provide New York Address.
I am currently filing a lien and have one item to resolve. It is asking me the following: If You Are Not A New York Company, Provide New York Address.
We do not have an office in New York. Are you asking us for our corporate address in North Carolina?
1 reply
Aug 28, 2018
As with every other state, New York mechanics lien law provides specific requirements for what information must appear on the face of a mechanics lien claim.
In New York, one of the required pieces of information is that: "The notice of lien shall state: 1. The name and residence of the lienor; and if the lienor is a partnership or a corporation, the business address of such firm, or corporation, the names of partners and principal place of business, and if a foreign corporation, its principal place of business within the state.
This is a requirement pursuant to NY's "door closing" statute that precludes business actually "doing business" within the state and without authority from maintaining actions in the state. However, this requirement only applies to businesses that are actually doing business in the state - generally, this requires the business activities to be "systematic and regular". NY case law has held that a construction company performing a single job in the state was not "doing business" for those purposes. However, if a company is authorized to do business in NY, the address used on that application for service in NY is sufficient.
Additionally, the same case noted above held that a failure to include a principal place of business within New York State or attorney’s information was not sufficient to invalidate the lien. While a foreign corporation that does not have a principal place of business within New York is required to specify an attorney within the state for service purposes, the claimant was allowed to amend their claim to include the name and address of its counsel.