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New York Lien Law Section 39 - Lien Wilfully Exaggerated Is Void.

Legal Research Home > New York Lawyer > Lien > New York Lien Law Section 39 - Lien Wilfully Exaggerated Is Void.

    § 39.  Lien wilfully exaggerated is void. In any action or proceeding
  to enforce a mechanic's lien upon a private or public improvement or  in
  which the validity of the lien is an issue, if the court shall find that
  a  lienor has wilfully exaggerated the amount for which he claims a lien
  as stated in his notice of lien, his lien shall be declared to  be  void
  and  no recovery shall be had thereon. No such lienor shall have a right
  to file any other or further lien  for  the  same  claim.  A  second  or
  subsequent  lien  filed  in contravention of this section may be vacated
  upon application to the court on two days' notice.

Last modified: August 24, 2006