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Is the mechanic's lien valid?

New YorkMechanics Lien
Anonymous Contractor

An elevator company filed a lien against a property for an unpaid monthly elevator service contract. For a fixed monthly fee, the property owner could call the elevator company at any time for repairs without having to pay any labor costs. After being refused service by the 1st elevator company due to a prior unpaid bill, the property owner stopped paying for the monthly service contract and started using a new elevator company for service instead without actually canceling the contract with 30 days notice as the contract required. The 1st elevator company continued billing for monthly service for 10 additional months before officially canceling the contract. The 1st elevator company filed a mechanic's lien 2 months later for the unpaid bills and the cited dates of last performed work and material furnished was 3 months prior (last month before service contract was officially cancelled). Does the service contract itself count as performed work and furnished materials even though the 1st elevator company hadn't been called to or even visited the property in 10+ months?

1 reply

Attorney at Greenspoon Marder
| 54 reviews
Aug 18, 2021
you pose an interesting question, but the lien law contemplates physical work. therefore, i do not think that a service invoice not back up by physical service is sufficient to support a lien claim. but i recommend you retain counsel and have the lawyer look at all the evidence to be certain.
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