Rivkin Radler’s Grill and Gise ring in the New Year with resounding Lien Law victory

Rivkin Radler‘s partners David Grill and David Gise won a critical victory to usher in 2024 for a major New York City restaurateur from Hon. Arthur F. Engoron of the New York Supreme Court related to a complex but important dispute over the right of a lienor to file multiple mechanic’s liens when the initial lien had been dismissed with prejudice.

Following service of demand for an itemized statement of a mechanic’s lien filed by a contractor hired to build out the client’s restaurant space, Rivkin Radler brought a special proceeding to dismiss the mechanic’s lien with prejudice for failure to comply with the demand. The lienor, despite written notice of the proceeding, failed to appear or defend itself, and Justice Engoron dismissed the mechanic’s lien with prejudice. The lienor then filed a second mechanic’s lien and commenced an action to foreclose on the lien. Rivkin Radler moved to dismiss the foreclosure claim on the grounds that the dismissal with prejudice barred filing of a successive mechanic’s lien.

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