Milliken Brothers (Incorporated), Plaintiff v. the City of New York, Respondents, and Jerome A. Jackson Et…

Summary

The Court of Appeals held that the statutory period for filing a mechanic’s lien under §12 of the Lien Law begins when the work is actually completed, not when a certificate of substantial completion is issued, and that a deposit made under subdivision 4 of §21 may be applied only if a valid lien exists on the primary fund; personal judgments against the contractor are insufficient. Accordingly, the trial court’s ruling that the liens were untimely was reversed and a new trial was ordered.