Legal Question in Construction Law in New York

Re: Mechnic's Lien

He could and should have made the motion on notice in the pending action. I have had some success in moving to vacate the ex parte order. The failure to disclose the pending action in the supporting papers has been known to make some judges very perturbed.

There is a constitutional infirmity in the New York mechanic's lien law, highlighted by the ex parte order even though notice to the owner was highly feasible. The fact that the contractor did not counterclaim for foreclosure and file a lis pendens is strong evidence that the lien is exaggerated, because the penalty for exaggeration cannot be recovered except in an action to foreclose the lien.

Get the slimeball (it's not Hollander and Strauss by any chance, is it?) to make his statement on the record so that you can send a transcript to the DDC.