§ 39-A — Liability of lienor where lien has been declared void on account of wilful exaggeration

New York § 39-A

• Jurisdiction: New York
• Law LIE: Lien
• Art. 2: Mechanics' Liens

Text

§ 39-a. Liability of lienor where lien has been declared void on\naccount of wilful exaggeration. Where in any action or proceeding to\nenforce a mechanic's lien upon a private or public improvement the court\nshall have declared said lien to be void on account of wilful\nexaggeration the person filing such notice of lien shall be liable in\ndamages to the owner or contractor. The damages which said owner or\ncontractor shall be entitled to recover, shall include the amount of any\npremium for a bond given to obtain the discharge of the lien or the\ninterest on any money deposited for the purpose of discharging the lien,\nreasonable attorney's fees for services in securing the discharge of the\nlien, and an amount equal to the difference by which the amount claimed\nto be due or to become due as stated in the notice of lien exceeded the\namount actually due or to become due thereon.\n