We are a Michigan supplier attempting to file a lien in New York state and I came across this question on your website and I am not exactly sure how to answer.
May 21, 2019
That's a common point of confusion with New York mechanics liens, and the New York mechanics lien statute doesn't provide a ton of clarity on this point, unfortunately - though case law makes things a little clearer.
Under § 9(1) of the New York lien statute, a "foreign" (non-New York) corporation must include it's principal place of business within the state of New York. Of course, many, if not most, out of state businesses won't have a principal place of business in New York.
However, case law in New York has established that where an out of state business is able to file a valid mechanics lien in New York, even if that business doesn't have a business address in the state. However, if a business address isn't applicable, the NY lien claim must include an address of a New York attorney upon whom service can be made to the lien claimant. So, out of state claimants without a business address in New York may still file a lien, but they must provide an address of a New York attorney where service can be made on their business.
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