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DON'T LIEN ON ME!

j0385407.jpgAztec Window & Door Mfg., Inc. supplied and installed windows and doors and ended up filing a mechanic's lien against a property when the company's invoices went unpaid.

After more than a year passed, the landowner -- 71 Village Road, LLC -- sought to have the lien discharged. (In New York, a mechanic's lien expires after a year, unless an extension is filed or a foreclosure case is started within that 12-month period.)

When the Kings County Supreme Court denied 71's request, and allowed Aztec's claim to survive, an appeal to the Appellate Division, Second Department, followed.

Since Aztec failed to take action within the governing time-frame, and the lien "expired as a matter of law," the AD2 reversed and granted relief in the property owner's favor.

Of course, that meant Aztec missed its window of opportunity.

j0236272.gifTo download a copy of the Appellate Division's decision, please use this link: Aztec Window & Door Mfg., Inc. v. 71 Vil. Rd., LLC

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