On Nov. 3, 2022, a New York appeals court affirmed a lower court decision vacating and discharging a mechanic’s lien filed by a subcontractor that had provided scaffolding and sidewalk shed services in connection with façade repair work on a New York City building.

While unpaid scaffolding subcontractors frequently file mechanic’s liens in New York, the Appellate Division, First Department, held in Matter of W 54-7 LLC v. Intersystem S&S Corp., 210 A.D.3d 454 (1st Dept. 2022) that these are “temporary structures,” not for the “permanent improvement” of real property within the meaning of the Lien Law.