Mechanics Lien Permanent Improvements
This week we wanted to draw your attention to a recent First Department decision that analyzed, in part, whether a contractor was entitled to file a Mechanic’s Lien in conjunction with its efforts to recover unpaid monies due and owing for the installation of scaffolding and a sidewalk shed on a construction project.
In discharging the specific work covered by the Mechanic’s Lien in question, the Court relied on the fact that the temporary nature of the scaffolding and shed fell outside the scope of labor and materials protected under the Lien Law (see NYS Lien Law § 2 [4]).
The relevant facts of, and a link to, the case are set forth below.
The Appellate Division, First Department, affirming a ruling of the Supreme Court, New York County discharging a filed mechanic’s lien, held that the work for which the lien was filed, the erection of scaffolding and a sidewalk shed, were not “permanent improvements” of real property and, therefore, were “outside the scope of labor and materials protected under the Lien Law. [citations omitted].” Matter of W 54-7 LLC v. Intersystem S S Corp., 2022 NY Slip Op 06189, decided November 3, 2022, is reported at 175 N.Y.S. 3d 8976 and posted at
https://www.nycourts.gov/reporter/3dseries/2022/2022_06189.htm
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