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New York Lien Law Section 39-a - Liability Of Lienor Where Lien Has Been Declared Void On Account Of Wilful Exaggeration.Legal Research Home > New York Lawyer > Lien > New York Lien Law Section 39-a - Liability Of Lienor Where Lien Has Been Declared Void On Account Of Wilful Exaggeration. Sponsored Links
§ 39-a. Liability of lienor where lien has been declared void on
account of wilful exaggeration. Where in any action or proceeding to
enforce a mechanic's lien upon a private or public improvement the court
shall have declared said lien to be void on account of wilful
exaggeration the person filing such notice of lien shall be liable in
damages to the owner or contractor. The damages which said owner or
contractor shall be entitled to recover, shall include the amount of any
premium for a bond given to obtain the discharge of the lien or the
interest on any money deposited for the purpose of discharging the lien,
reasonable attorney's fees for services in securing the discharge of the
lien, and an amount equal to the difference by which the amount claimed
to be due or to become due as stated in the notice of lien exceeded the
amount actually due or to become due thereon.
Last modified: August 24, 2006 |