Supreme Court, Schoharie County

Decided on May 6, 2026

Index No. 2025-300

Ryan T. McAllister, J.

[*1]

Background and Facts

This special proceeding was commenced pursuant to Lien Law §§11 and 19(6) seeking summary discharge of a mechanic's lien filed by Respondent against real property owned by Petitioners in Schoharie County.

Petitioners stand in various capacities in this litigation. Abagail Fasanella and Robert DeLucca are the co-executors of the Estate of Robert Fasanella. Henry Hill Farm Realty, LLC (hereinafter "HHFR"), is owner of real property located in Schoharie County, including property located at 407 Enders Avenue, Howes Cave, New York. On August 15, 2024, Respondent filed a Notice of Mechanic's Lien in the Schoharie County Clerk's Office in the amount of $227,500.00 against the subject properties. A review of the Notice of Lien reveals the following facts that are essential to this determination:

Parties and Property:

• The Lienor is Robin Stine

• The Property is identified as 407 Enders Ave, Howes Cave, New York, and the notice attaches a legal description consisting of two parcels, that references the conveyance of the Estate of Marion H. Fasanella to Robert A. Fasanella by Quitclaim Deed recorded on December 20, 2004 in Book 776 of Deeds at page 146.

• The Property Owners and "Hiring Party" are identified as Estate of Robert Fasanella, Henry Hill Farm, Realty, LLC, and Abigail C. Fasanella

Claims:

• "Services: The lien is claimed for the following labor, services, equipment or materials: Creating and maintaining wedding venue. Maintaining grounds on property."

• "Date Services First Furnished: 12/10/2014"

• "Date Services Last Furnished: 8/1/2024"

• "Amount Unpaid for Services and Total Amount for Which Lien is filed: $227,500.00"

Sworn to By:

• The Lienor (identified above)

Further Claims:

• "That in accordance with a contract with the Hiring Party, the Lienor furnished the labor, services, and/or materials above-identified as the Service, said Services were furnished on the above described Property. The Property is owned by the Property Owner. The total contract price between the hiring Party and Lienor is above identified as the Amount of Total Contract. Of this amount, the above identified Amount of Total Claim remains unpaid. The Services were first furnished to the property on the above identified Dates Services First Furnished, and the last furnished to the Property on the above-identified Dates Services Last Furnished."

Petitioners contend that the mechanic's lien is facially defective and must be discharged for failure to comply with the statutory requirements of the Lien Law §§ 9, 11. Specifically, Petitioners argue that the Notice of Lien fails to properly describe the property, improperly includes multiple parcels without apportionment, fails to state the agreed price or value of labor and materials, fails to state whether the property is a single-family dwelling, misidentifies ownership, and was not properly verified. Petitioners further contend that the lien was filed for maintenance work, which is not lienable work, and that Respondent failed to properly serve the lien and failed to timely file proof of service.

Respondent opposes the petition and asserts that substantial work was performed at the property over a number of years, including construction, repairs, logging, and maintenance, and that money remains owed for that work. Respondent argues that the existence of factual disputes concerning the work performed and the amount owed should preclude summary discharge of the lien.

The Court has reviewed and considered all submissions and papers filed in this proceeding as noted at the end of this decision.

Discussion

"A mechanic's lien is a creature of statute and relative thereto requirements must be strictly complied with" (Ausable Chasm Co. v. Hotel Ausable Chasm & Country Club, 263 A.D. 486, 487 [3d Dept. 1942]). "Pursuant to [Lien Law §19(6)], a court may summarily discharge a notice of lien where, among other things, 'it appears from the face of the notice of lien that the claimant has no valid lien by reason of the character of the labor or materials furnished' or the [*2]notice was not timely filed" (Beebe v. Liebel, 168 AD3d 1246, 1247 [3d Dept. 2019] quoting Lien Law § 19[6]; citing J. Fried Plumbing & Heating Corp. v. 245 Glenmore Ave. Corp., 55 AD2d 945, 946 [2d Dept. 1977]). Lien law §19(6) further provides that a court may summarily discharge a mechanics lien when "the notice of lien is invalid by reason of failure to comply with the provisions of Lien Law § 9" (Matter of Matrix Staten Island Development, LLC v. BKS-NY, LLC, 204 AD3d, 1004, 1005 [2d Dept. 2022] [internal quotations and citations omitted]). "'Thus, to be summarily discharged, the notice of lien must be invalid on its face'" (id. quoting Matter of Old Post Rd. Assoc., LLC v. LRC Constr., LLC, 177 AD3d 658, 659 [2d Dept. 2019]).

Here, there are several defects that appear on the face of the lien itself that require discharge.

Initially, the Court addresses the nature of the work allegedly performed as outlined in the lien. A mechanic's lien "protect[s] those who, by their labor and materials, enhance the value of real property" (Matter of Niagara Venture v Sicoli & Massaro, 77 NY2d 175, 180 [1990]). Lien Law § 3 provides, in part, that:

"A contractor, subcontractor, laborer, materialman, landscape gardener, nurseryman or person or corporation selling fruit or ornamental trees, roses, shrubbery, vines and small fruits, who performs labor or furnishes materials for the improvement of real property with the consent or at the request of the owner thereof, or of his agent, contractor or subcontractor, and any trust fund to which benefits and wage supplements are due or payable for the benefit of such laborers, shall have a lien for the principal and interest, of the value, or the agreed price, of such labor, including benefits and wage supplements due or payable for the benefit of any laborer, or materials upon the real property improved or to be improved and upon such improvement, from the time of filing a notice of such lien as prescribed in this chapter."

In turn, an "improvement" is defined as "the demolition, erection, alteration or repair of any structure upon, connected with, or beneath the surface of, any real property and any work done upon such property or materials furnished for its permanent improvement" (Lien Law § 2 [4]). "Ordinary yard work" (Weisman v. Maksymowicz, 109 AD3d 768 [1st Dept. 2013]) or work that does not "demolish, erect or alter any structure . . . for . . . permanent improvement" (Chase Lincoln First Bank N.A. v New York State Elec. & Gas Corp., 182 AD2d 906, 907 [3d Dept. 1992]) does not qualify as lienable and is subject to discharge.

Here, the Court is constrained in its review to the "face of the notice of lien" (Beebe, 168 AD3d at 1247), which recites that the services performed were for "[c]reating and maintaining wedding venue. Maintaining grounds on property." The Court finds that this does not constitute lienable work, because it fails to establish that "the work done upon such property or materials furnished [were] for its permanent improvement" (Lien Law § 2 [4]). Accordingly, because the statutory requirements have not been satisfied, the lien must be discharged (Beebe, 168 AD3d at 1247).

The Court further finds that Respondent has failed to state the agreed price or value of the labor and materials furnished as required by Lien Law § 9(4). A notice of lien must state: "The labor performed or materials furnished and the agreed price or value thereof, or materials actually manufactured for but not delivered to the real property and the agreed price or value thereof" (Lien Law §9[4]); Sullivan Contracting, Inc. v. Turner Const. Co., 60 AD3d 1315, 1316 [4th Dept. 2009]). Here, the notice of lien simply recites: "Amount Unpaid for Services and [*3]Total Amount for Which Lien is filed: $227,500.00." This recitation "has not stated the value of the labor performed and materials furnished, but merely has stated the amount unpaid as the whole value of the services performed and materials furnished" (Brescia Const. Co. v. Walart Const. Co., 249 A.D. 151, 152 [1st Dept. 1936]). Accordingly, because the statutory requirements have not been satisfied, the lien must be discharged (id.; see also Sullivan, 60 AD3d at 1316).

The Court notes further deficiencies in the mechanic's lien that render it invalid. These include (1) the lien improperly "purports to burden two or more separately owned tracts, without apportioning the labor performed and materials furnished between the several tracts" (Contelmo's Sand & Gravel, Inc. v. J.J. Milano, Inc. 96 AD2d 1090, 1090 [2d Dept. 1983]); (2) the lien fails to state whether the property purportedly encumbered is a single family dwelling (Lien Law §9); and (3) the notice misidentifies Abigail Fasanella as a property owner (Lien Law §9[7]; see also Contelmo's Sand & Gravel, Inc., 96 AD2d at 1090).

Lastly, the lienor failed to serve the property owner within 30 days of filing the mechanic's lien and by failing to file an affidavit of service within 35 days of filing pursuant to Lien law §11. Here, there is no dispute that HHFR is the owner of the property purportedly subject to the mechanic's lien. However, the affidavit of service of the mechanic's lien recites that the lien was served by certified mail to Abagail Fasanella's house located at 11 Preston Hill Road, New Ipswich, New Hampshire 03071. The Court notes that, based on the evidence submitted, HHFR's business address is 407 Enders Avenue, Howes Cave, New York 10292. Lien Law §11 allows service upon a corporation, such as HHFR, as follows: i) personal service upon a named officer in New York; ii) "nail and mail" service upon such officer; or iii) certified mail to the corporation's last known place of business. Since service was not effectuated in accordance with Lien Law § 11, it follows that the lien is invalid and must be discharged (see Murphy Const. Corp. v. Morrisey, 168 AD2d 877, 878 [3d Dept. 1990]).

All other arguments raised, and evidence submitted, in connection with the motion have been considered by this Court, notwithstanding the specific absence of reference thereto.

This memorandum constitutes both the Decision and Order of the Court.

Based on the foregoing it is hereby

ORDERED, that the Petition is granted; and it is further

ORDERED, that the Notice of Mechanic's Lien filed by Respondent Robin Stine on August 15, 2024, in the Schoharie County Clerk's Office in the amount of $227,500.00 is hereby discharged and canceled of record pursuant to Lien Law §19(6); and it is further

ORDERED, that the Schoharie County Clerk is directed to mark the Notice of Mechanic's Lien discharged and canceled; and it is further

ORDERED, that any relief not specifically granted herein is denied.

Dated: May 6, 2026

Schoharie, NY

Hon. Ryan T. McAllister, A.J.S.C.

Papers Considered on this Application:

• NYSCEF Documents (2025-300) Nos. 1-53