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Mechanic lien extension in NYS

New YorkLien DeadlinesMechanics Lien

I filed a Mechanic Lien that's expiring soon. Two questions. First, the lien was filed in 2019 and is expiring in 2020. I know I can extend it into 2021. Can I extend it into 2022 too? Second, is a coop considered a single family dwelling? TIA

1 reply

Jan 10, 2020
New York is one of the few states that allows for a mechanics lien to be extended. You can read more about how to extend a New York mechanics lien here. The first extension can be obtained by filing an extension within the original 1-year period. If the claimant wants to try to extend the lien for an additional 1-year period after it has already been extended once, however, the process is different. It may be possible to extend the enforcement period for a second year, but if the initial 1-year deadline passes, a claimant must attempt to gain the second extension through an order from “a court of record or a judge or justice thereof.” If that happens, the lien is redocketed and the claimant has 1 year from the date of redocketing to enforce the lien (NY §17). Note also an appeals court decision in New York made the time frame for filing a 2nd lien extension (one that requires a court order) more controversial and uncertain. New York defines a single family dwelling as "[a] building designed for and occupied exclusively by one family.” [emphasis added]
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