May 2, 2019

Failure to Provide Proper Itemization Under Section 38 of the New York Lien Law Fatal to Maintaining a Mechanic’s Lien

New York Lien Law

The New York Lien Law provides broad rights to contractors, subcontractors and materialmen who improve real property.  However, the right to file a mechanic’s lien is not without obligation on the lienor who must, within five days of receipt of a demand under Section 38 of the Lien Law, provide a verified, itemized statement detailing the value of the labor and materials that comprise its claimed lien amount.  A property owner faced with a lienor who refuses or fails to adequately itemize its mechanic’s lien may bring a petition before the court to seek a proper itemization.  If the lienor… Read more

Aug 9, 2005

Condominium Boards’ Right to Restrict Sales

For Sale Signs on Condo

A recent court decision has generated a considerable amount of confusion among some condominium boards and condominium unit owners regarding the power of condominiums to regulate the sale of units in a manner similar to cooperatives.  We hope that this memorandum will help to clarify matters. The decision, Demchick v. 90 East End Avenue Condominium, 18 A.D.3d 383, 796 N.Y.S.2d 62 (1st Dep’t 2005), was issued on May 31, 2005 by the Appellate Division for the First Department (which covers Manhattan and the Bronx).  The condominium at issue sought, through the amendment of its by-laws, to limit the sale of… Read more