§ 39. Lien wilfully exaggerated is void. In any action or proceeding\nto enforce a mechanic's lien upon a private or public improvement or in\nwhich the validity of the lien is an issue, if the court shall find that\na lienor has wilfully exaggerated the amount for which he claims a lien\nas stated in his notice of lien, his lien shall be declared to be void\nand no recovery shall be had thereon. No such lienor shall have a right\nto file any other or further lien for the same claim. A second or\nsubsequent lien filed in contravention of this section may be vacated\nupon application to the court on two days' notice.\n
N.Y. Lien Law § 39
Lien wilfully exaggerated is void
Applied in 17 court decisions — leading case Pavarini McGovern, LLC v. Waterscape Resort LLC (In re Waterscape Resort LLC) (2014)
Most recently applied in Casella Constr. Corp. v. 322 E. 93rd St. LLC (December 2022)
2014-09-22
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.