ยง 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.
Structure New York Laws
3 - Mechanic's Lien on Real Property.
4-A - Insurance Proceeds Liable for Demands.
5 - Liens Under Contracts for Public Improvements.
6 - Liens for Labor on Railroads.
7 - Liability for Advance Payments, Collusive Mortgages and Incumbrances.
8 - Terms of Contract May Be Demanded.
9 - Contents of Notice of Lien.
10 - Filing of Notice of Lien.
11 - Service of Copy of Notice of Lien.
11-A - Notice of Completion and Acceptance May Be Demanded.
11-B - Copy of Notice of Lien to a Contractor or Subcontractor.
12 - Notice of Lien on Account of Public Improvements.
15 - Assignments of Contracts and Orders to Be Filed.
16 - Assignment of Contracts and Orders for Public Improvement to Be Filed.
18 - Duration of Lien Under Contract for a Public Improvement.
19 - Discharge of Lien for Private Improvement.
20 - Discharge of Lien After Notice of Lien Filed by Payment of Money Into Court.
21 - Discharge of Lien for Public Improvement.
21-A - Vacating Lien for a Public Improvement, by Order of Court.
24 - Enforcement of Mechanic's Lien.
25 - Priority of Liens and Assignments Under Contracts for Public Improvements.
26 - Subordination of Liens After Agreement With Owner.
28 - Lien of Certain Judgments Postponed.
29 - Subordination of Liens to Subsequent Mortgage.
30 - Subordination of Notices of Lis Pendens.
31 - Discharge of Liens on Sale of Real Property.
32 - Certain Liens and Claims Not to Be Affected.
33 - Certain Sections Not to Apply to Laborers' Liens.
35 - Waiver of Arbitration; Arbitrators' Award Conclusive.
37 - Bond to Discharge All Liens.
38 - Itemized Statement May Be Required of Lienor.
39 - Lien Wilfully Exaggerated Is Void.
39-A - Liability of Lienor Where Lien Has Been Declared Void on Account of Wilful Exaggeration.