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Adam Leitman Bailey, P.C. Attorneys Secure a Surprising Victory in Manhattan Supreme Court

The owner of a newly-constructed hotel was shocked to learn that a mechanic’s lien in the amount of $100,000 was recorded on his property by a subcontractor with whom there was no privity of contract. The subcontractor alleged that the general contractor on the construction project did not fully compensate him for work done installing an HVAC unit.

Taking over the case from a previous attorney, Adam Leitman Bailey, P.C. immediately moved in court to amend its petition to discharge the mechanic’s lien to assert several additional grounds for the discharge. Adam Leitman Bailey, P.C. then appeared for oral argument on, it believed, the issue of amending the petition. The judge, however, decided all matters in front of him.

Reviewing the facts in front of him and listening to the arguments from both parties, the judge was convinced that the mechanic’s lien was improper. The statute of limitations for filing a mechanic’s lien had run on the subcontractor and the judge rightfully ordered the lien discharged from the property.

Adam Leitman Bailey, P.C. walked into the courtroom that morning prepared to simply argue that the petition should be amended and, instead, walked out of the courtroom with the full relief granted and the mechanic’s lien discharged from the client’s building. This quick decision not only allowed the firm’s client to complete its financing but saved thousands of dollars in legal fees.

Christopher Halligan represented the owner of the newly constructed hotel in this matter.

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