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Matter of 134-136 W. Houston LLC v. N.Y.C. Land Surveyor PC

Rental Equipment Not Directly Related to Contract's Performance Not Lienable, Lien Vacated

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For an Order Summarily Discharging of Record a Notice Under Mechanic’s Lien Law dated November 10, 2016Decision and Order and Judgment

*1 Petitioner is the owner of the building located at 134-136 West Houston, LLC (the Building). In March of 2016, while petitioner was performing work on its building, it rented two Real Time Vibration Monitoring Systems (RTVM systems) from respondent/lienor New York City Land Surveyor P.C. (the lienor). The lienor remotely monitored the RTVM systems, which were placed on the Building and the adjoining building at 138 West Houston Street. Upon completion of the project the lienor retrieved the RTVM systems and sent petitioner an invoice for $92,867.36. Petitioner contended that the lienor had overbilled him for the work, and the lienor agreed to revisit the bill. Instead of reducing the bill, the lienor sent on that almost $7,000.00 more money. In addition, on November 14, 2016 the lienor filed a Notice Under Mechanic’s Lien Law in the New York County Clerk’s office for $99,617.36.*2

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