Interesting Twist on Lien Law Trust Funds
- Dec 19 2025
By: Jonathan H. Freiberger In a previous BLOG article, “Real Property Owners and Contractors Should be Aware of the Trust Fund Provisions of New York’s Lien Law,” we discussed Article …
Category: Construction Litigation
The Second Department Holds, in a Case of First Impression in The Department, That the Failure to Comply with the Soldiers’ and Sailors’ Relief Act When Seeking a Default Judgment is a Mere Irregularity if the Defendant Was Not in the Active Military at the Time of the Default
- Nov 14 2025
By: Jonathan H. Freiberger In today’s BLOG we will discuss Tri-Rail Designers & Builders, Inc. v. Concrete Superstructures, Inc., a case decided on November 12, 2025, by the Appellate Division, …
Consequential Damages: Are They Foreseeable?
- Aug 27 2025
By: Jeffrey M. Haber In BLDG 44 Developers LLC v. Pace Companies N.Y., LLC, 2025 N.Y. Slip Op 32881(U) (Sup. Ct., N.Y. County July 25, 2025) (here), BLDG 44 Developers LLC …
Second Department, Once Again, Dismisses Payment Claim of Unlicensed Electrical Contractor Despite Close Relationship with Licensed Electrical Contractor that Obtained the Permits and Performed the Work
- Dec 20 2024
By: Jonathan H. Freiberger This BLOG has previously addressed issues related to proper licensure for contractors and the problems that arise for them if they perform work without a license. …
The First Department Holds That Completing Surety Under Performance Bond Is Not Entitled to File Mechanic’s Lien
- Dec 13 2024
By: Jonathan H. Freiberger Today’s BLOG article is about Thorobird Grand LLC v. M. Melnick & Co., a case decided by the Appellate Division, First Department, on December 12, 2024, …
First Department Holds That a Business-Entity Owner of Residential Property Can Avail Itself of the Protections of the New York City Home Improvement Contractor’s License Requirement
- Jan 26 2024
By Jonathan H. Freiberger In order to protect homeowners, home improvement contractors are frequently required by municipalities to be licensed. Unlicensed home improvement contractors are precluded from collecting payments due …
First Department Grants Extension of Time to Serve Summons and Complaint on a Mechanic’s Lien Discharge Bond Surety Under CPLR 306
- Jan 12 2024
By Jonathan H. Freiberger Today’s Blog relates to extensions of time to serve a defendant under CPLR 306-b, a topic previously addressed by this Blog [HERE], [HERE] and [HERE]. The …
First Department Finds Mechanic’s Lien is Willfully Exaggerated Under the Lien Law
- Dec 12 2022
By Jonathan H. Freiberger Mechanic’s liens are powerful tools that can be used by contractors, laborers and materialmen, among others, to assist in getting paid for work performed in improving …
First Department Holds That Scaffolding and Sidewalk Shed Installed For Construction Project Could Not Support Mechanic’s Lien Because They Were Not “Permanent Improvements”
- Nov 14 2022
By Jonathan H. Freiberger This Blog, in “The New York Court of Appeals Addresses the Issue of When a Mechanic’s Lien Can Be Placed on a Landlord’s Property By A …
SUBCONTRACTOR TO UNLICENSED GENERAL CONTRACTOR NOT PERMITTED TO MAKE CLAIM DIRECTLY AGAINST HOMEOWNER
- Oct 14 2022
By Jonathan H. Freiberger Municipalities generally require home improvement contractors to be licensed to perform work. “Where a home improvement contractor is not properly licensed in the municipality where the …
