IN RE: the Application of Troy and Danielle MILLINGS (2025)

The following papers numbered 1 to 3 were read on this motion:

Paper Number

Notice of Petition, Petition and Exhibits 1

Memorandum of Law 2

Affirmation in Reply 3

Petitioners bring their motion seeking an Order pursuant to Section 38 of the New York Lien Law: (1) directing respondent to furnish, within two days of entry of the Order, a revised Itemized Statement of Lien setting forth all items of labor and/or material and their value, which make up the amount for which the Lien is claimed; and (2) cancelling the Lien should respondent fail to provide a revised Itemized Statement of Lien satisfying the requirements of Lien Law § 38.

Despite petitioners having agreed to two adjournments at respondent's request, respondent never opposed this motion. This is likely because it had no likelihood of success should it have filed opposition. The facts are simple. Petitioners are homeowners who hired respondent to build them a house. Eventually, petitioners were unhappy with the work and its progress. As a result, the parties entered into an agreement in which they agreed that petitioners were free to do some of the work on their own (using other contractors). Petitioners did so, and completed their house. Thereafter, respondent filed the lien.

When petitioners demanded an Itemized Statement of Lien, respondent ignored them until they filed this proceeding. At that point, respondent submitted a document which is the subject of this motion, which petitioners claim is entirely inadequate. It appears that by failing to respond to this motion, despite having received two adjournments, respondent concedes that this is the case. Accordingly, the motion is granted in its entirety. Within four business days of respondent's counsel's receipt of this Decision and Order, respondent is directed to send to petitioners a revised Itemized Statement of Lien setting forth all items of labor and/or material and the value thereof which make up the amount for which the lien is claimed. Should respondent fail to provide a revised Itemized Statement of Lien satisfying the requirements of Lien Law § 38, the lien shall be canceled. Petitioners may submit a proposed Order to the Court, on notice to respondent, for this relief.

The foregoing constitutes the decision and order of the Court.

Linda S. Jamieson, J.