Mechanic’s Lien Foreclosure Trial Won by Franklin, Gringer & Cohen, P.C.

Mechanic’s Lien Foreclosure Trial Won by Franklin, Gringer & Cohen, P.C.

In New York, when a homeowner fails to pay for certain labor, materials and services provided for the benefit of their home, the general contractor (or any other subcontractor who has performed and/or provided labor, materials and/or services) has a right to file a mechanic’s lien against the property pursuant to New York’s Lien Law.  Once a mechanic’s lien is properly served and filed, the general contractor can now file a mechanic’s lien foreclosure action with respect to that lien.  Since there are very strict time limitations associated with the filing of a mechanic’s lien and the commencement of a mechanic’s lien foreclosure action, it is highly recommended that anyone that is considering doing same immediately contact our law office for legal guidance and advice.

We recently obtained a verdict after trial for a general contractor client who was not paid for labor, materials and services performed and provided for a homeowner on Long Island.  After the proper filing and service of a mechanic’s lien for the balance owed our client, a mechanic’s lien foreclosure action was commenced and the case was fiercely litigated, during which the homeowner continuously refused to pay the balance owed to our client.  In fact, the homeowner commenced five separate counterclaims against our client alleging that it failed to provide and perform all of the labor, materials and services required under its contract.

After a full day bench trial in the Suffolk County Supreme Court, we successfully obtained a decision awarding our client every single penny that it was owed under its contract with the homeowner, in addition to an award of its attorney’s fees incurred during the litigation.  Further, the Court also dismissed all of the homeowner’s counterclaims against our client finding them to lack any credibility whatsoever.

If you are a contractor who has not been paid for labor, materials and services provided to a residential or commercial property in New York, please contact Michael S. Mosscrop, Esq. at (516) 228-3131 to discuss all of your legal options and rights to collect this balance.

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