Bradley Pollina

Bradley Pollina

March 23, 2023 | New York Law Journal

Court Invalidates Mechanic's Lien Filed by Scaffolding Subcontractor

On Nov. 3, 2022, the Appellate Division, First Department decided Matter of W 54-7 LLC v Intersystem S&S Corp. which vacated a mechanic's lien filed by a subcontractor that had provided scaffolding and sidewalk shed services. The court held that these are "temporary structures," not for the "permanent improvement" of real property within the meaning of the Lien Law. This appears to be the first published decision vacating a mechanic's lien filed by a scaffolding subcontractor on this basis.

By Bradley Pollina

6 minute read