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We received a summons for a Lien we placed in NY, what do we have to do?

New York

We filed a lien and it seems they are naming all parties that filed liens ( 15+). Is there anything we have to do? We are based in Maryland and the lien is filed in NY. Our attorney is not familiar with the process in NY for liens and we are unsure what we need to do.

1 reply

Jan 20, 2021

Generally, a summons is a legal notice relating to a lawsuit and/or a notification that your presence is being requested before a court, and a summons can be given for any number of reasons. If your Maryland attorney isn't able to help determine what's required, then it'd likely be wise to consult with a New York construction lawyer in order to best comply with what's required. That way, they can review the document and assess what the appropriate response would be.

With that being said, it's common for an owner to request an itemized statement from a lienor via summons (or at least in a way that's substantially similar to a summons) under § 38 of New York's lien statute. Upon receipt of such a request, a claimant must respond by providing a written, itemized statement setting forth the value of the labor and/or materials furnished to the project and giving rise to the mechanics lien claim. So, if that's the nature of the summons, promptly providing the requested information would be a good next step.

Still - it's entirely possible the summons has been given for a different reason. Having a lawyer review the summons would be wise in order to ensure you understand and can comply with what's required.

For help finding a New York lawyer, this resource should be useful: Top New York Construction Lawyers. There, you can directly contact a number of different lawyers directly from their personal profile.

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