Matter of Broadway PT 1710 LLC v Kingdom Assoc. Inc.

Holding The Appellate Division reversed the summary discharge of a mechanic’s lien because the petitioner failed to identify any defect appearing on the face of the notice of lien, as required by Lien Law § 19(6). The court held that disputes regarding the validity of the lien, such as lack of consent, must await trial of the foreclosure action rather than being resolved in a summary discharge proceeding.

The court’s words

summary discharge of a lien is available "[w]here it appears from the face of the notice of lien that the claimant has no valid lien by reason of the character of the labor or materials furnished and for which a lien is claimed"

2026 NY Slip Op 05365, at the official text

any dispute regarding the validity of the lien must await trial of the foreclosure action

2026 NY Slip Op 05365, at the official text

Petitioner identifies no defect appearing on the face of the notice of lien, raising instead lack of consent and other issues related to the validity of the lien

2026 NY Slip Op 05365, at the official text