Routine Elevator Upkeep Fails to Qualify for Mechanic's Lien, NY Judge Rules

This week we wanted to bring your attention to an interesting decision rendered in the Supreme Court, New York County, which, in part, granted a Petitioner/Owner’s motion to vacate a Mechanic’s Lien on the basis that the stated work failed to meet the requirements of Lien Law Section 2. 

Justice William Perry’s Order vacated and discharged a mechanic’s lien filed by a contractor engaged to perform elevator maintenance at the Respondent’s property. Work performed under the contract, which provided that it “shall apply only to service, repairs or renewals herein covered which are necessitated by wear and tear in the ordinary and usual operation of equipment”, was held not to be a lienable “improvement” (as the term is defined in Lien Law Section 2) because “…it involves general upkeep and maintenance as opposed to a permanent improvement of real property.” Sasha Realty LLC v. Eltech Industries, Inc., 2022 NY Slip Op 33938, decided November 22, 2022, is posted at https://www.nycourts.gov/reporter/pdfs/2022/2022_33938.pdf

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Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Phone: (718) 680-4663
Fax: (718) 680-4668

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