Defendant, Lawsuit, Legal advice, Manhattan, New York, New York State, New York Supreme Court, Plaintiff, Sample New York Supreme Court Verified Complaint to Foreclose a Mechanic’s lien filed against private owner.(FOR EDUCATIONAL PURPOSE ONLY ...NOT TO BE USED IN LITIGATION)
TO FORECLOSE A
-against- MECHANIC’S LIEN
(not a single-family dwelling)
Plaintiff, by its attorneys, _________________, for its complaint herein, respectfully shows and alleges to this Court:
1. That at all times hereinafter mentioned, plaintiff, , was and is a domestic corporation, with its principal place of business at _______________________
2. That at all times hereinafter mentioned, defendant, , (hereinafter, “Concerned”), is a domestic corporation with its principal place of business at ________________________________
3. That upon information and belief at all times hereinafter mentioned, _________________ (hereinafter “__________”) was and still is a foreign corporation organized under and by virtue of the laws of the State of ___________ and is duly authorized and licenses to do business in the State of New York.
4. That upon information and belief, ___________Corp. is a domestic corporation with its principal place of business at ________________
5. That at all times hereinafter mentioned, Concerned was also the owner in fee of certain premises in the Borough and County of New York, City and State of New York being more particularly bounded and described as _______________Street, Section ___, Block ___, Lots ____. (Metes ad bounds description also may be added.)
6. That on or before the ___ day of _______, 20___, Plaintiff, , as general contractor, entered into an agreement whereby it was to furnish certain ________________ to _____________, all with the knowledge and consent of said owner.
7. Plaintiff, begs leave to refer to the original of said agreement as the same may be produced upon the trial of this action for all of its terms and conditions.
8. That according to the terms and conditions of its agreement, Plaintiff did agree to provide said __________________________________ for the agreed sum of $___________.
9. That according to the terms and conditions of its agreement, Plaintiff did complete its performance and furnish said ___________ to ________________ thereby earning the sum of $___________.
10. That no part of the aforesaid sum of $___________ has been paid to Plaintiff although duly demanded.
11. That all of the aforedescribed materials to be finished to Plaintiff to the said Defendant, _________, was for construction of improvements on the within described premises and were furnished with the knowledge and const of the aforesaid owner.
12. That pursuant to the Lien Law of the State of New York, Plaintiff, on ______________, 20__, within the eight (8) months (four months on a single-family dwelling)* after the time when the last items of ____________were supplied, duly filed with the New York County Clerk, a Notice of Mechanic’s Lien in writing and in proper and due form duly verified by the oath of Plaintiff’s President which claims a lien on the premises within described for the sum of $_______________.
13. Said Notice of Lien set forth Plaintiff’s state of incorporation, principal office in New York , the owner of the real property against whose interest therein a lien was claimed and the interest of the owner as far as known to Plaintiff; the name of the person by whom the lienor was employed and to whom Plaintiff as lienor furnished materials; the materials furnished and the agreed price and value thereof; the unpaid balance; the time when the first and last materials were furnished; the property subject to the lien with a description thereof to permit identification; and said Notice of Lien contained all the statements required by and in all respects duly complied with the statutes of New York.
14. Pursuant to Lien Law § _____ and ______ following the filing of said lien, Plaintiff served a copy of said lien upon the owners and the corporation with whom the construction contract was made. Pursuant to Lien Law §§ ___________, an affidavit with proof of service as to the certified mailing of copies of the aforesaid lien was filed with the County Clerk within thirty-five(35) days after the notice of lien was filed.
15. That by reason of the foregoing and by the filing and docketing of said Notice of Lien and said affidavits of service regarding the Notice of Lien, Plaintiff acquired a good, valid and subsisting lien on the within described premises.
16. That pursuant to Lien Law § ___, Plaintiff duly filed a lis pendens or notice of pendency.
17. On or about _______, 20___, Concerned, as owner and principal, and the Defendant, ________, as surety, duly made, executed and delivered an undertaking in writing in due form to the Clerk of New York County in the sum of __________ dollars ($__________) conditioned for the payment of any judgment that may be rendered against said property in any action to enforce the aforesaid Notice of Lien, and the said undertaking was filed with the County Clerk and an order was entered and filed discharging the said Notice of Lien and directing its cancellation.
18. The Defendant, ________ is surety on the undertaking to discharge Plaintiff’s Notice of Lien and for that reason is made a party hereto and a personal judgment is asked against it.
19. Upon information and belief, _________Corp. filed a Notice of Lien with the New York County Clerk in connection with the aforedescribed property in the sum of $________ on or about ____________, 20____.
20. Upon information and belief, no person has any subsequent liens or claims against said premises by way of judgment, mortgage or otherwise.
WHEREFORE, Plaintiff demands judgment:
1. That Plaintiff be determined and adjudged to have a valid and subsisting lien upon the interest of the owner in the real property above-described until the time of its cancellation and discharge by the filing of a lien as aforesaid.
2. That the amount due upon Plaintiff’s lien and claim be ascertained and adjudged.
3. That the plaintiff have judgment for the enforcement of said lien against said real property, in form only for the purposes of satisfying the condition of said bond.
4. That the said surety be declared liable by virtue thereof and that Plaintiff have judgment in the sum of $______________ against such surety.
5. That Plaintiff have judgment in the sum of $___________ with interest thereon from the ____ day of ___________, 20____, together with the costs and disbursements of this action.
6. That in case it be determined and adjudged that Plaintiff did not have a valid and subsisting lien upon said real property at the time of the cancellation and discharge thereof by the filing of said bond as aforesaid, Plaintiff may have a personal judgment against the defendant, ___________, for the sum of $___________ with interest thereon from the ____ day of ________, 20____, together with the costs and disbursements of this action.
7. That Plaintiff have such other and further relief or both, in the premises as shall be equitable and proper.
8. Adjusting and determining the equities of all the parties to this action and determining the validity, extent and priority of the claims and liens to be asserted herein.
9. Directing the Defendant, _________, to pay over to plaintiff the amount adjudicated as the amount of its lien and claim herein, with interest and granting to the plaintiff judgment for any deficiency therein together with the costs and disbursements of this action.
10. That the premises described be sold, as provided by law, and that out of the proceeds of such sale, the plaintiff be paid the amount of its lien and interest, with the expenses of the sale and the costs and disbursements of this action; and that the plaintiff have judgment against the said defendant, __________, for any deficiency which may then remain.
11. In case it be determined and adjudged that plaintiff did not have a valid and subsisting lien, that plaintiff then be granted a personal judgment against defendant, __________, in the sum of $__________ with interest thereon, together with the costs and disbursements of this action.
12. Such other and further relief in the premises as to this Court may seem just and proper.
ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free public educational service by Zachary Irtaza Riyaz, Esq., attorney at law in the State of New York (Westhampton – Tel. 516-234-0348), for reference only. IT IS NOT INTENDED TO GIVE LEGAL ADVICE ABOUT A SPECIFIC LEGAL PROBLEM, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. Due to the importance of the individual facts of every case, the generalizations I make may not necessarily be applicable to any particular case. Statutes and codes such as Domestic Relations Law (DRL)are frequently amended and may affect the validity of the above legal document and no representation is made that the above sample is going to be enforceable in the future. Changes in the law could at any time make parts of this web site content obsolete. Updated statutes and codes may be available at the New York State Legislature Website. No statute or sample legal document should be relied on without understanding controlling case law which may further interpret it. THIS INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT IF LEGAL ADVICE IS REQUIRED A COMPETENT ATTORNEY SHALL BE CONSULTED.