N.Y. Laws » CHAPTER Lien / ARTICLE Enforcement of Liens On Real Property
New York Consolidated Laws

N.Y. Lien Law § 54 (2026)

Judgment in case of failure to establish lien

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 54. Judgment in case of failure to establish lien. If the lienor
shall fail, for any reason, to establish a valid lien in an action under
the provisions of this article, he may recover judgment therein for such
sums as are due him, or which he might recover in an action on a
contract, against any party to the action.
Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1987–2025 · leading case: Pino v. Harnischfeger, 42 A.D.3d 980 (N.Y. App. Div. 4th Dep't 2007).
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Pino v. Harnischfeger, 42 A.D.3d 980 (N.Y. App. Div. 4th Dep't 2007). “DDS cross-moved for summary judgment pursuant to Lien Law § 54. Alternatively, DDS sought leave to amend its answer (incorrectly referred to by DDS as its “complaint”) and requested a conditional order striking plaintiffs’ pleadings or for another “remedy available” as a…”
Kraft v. Fisk Assocs. (In re Millerlee Corp.), 70 B.R. 780 (Bankr. S.D.N.Y. 1987). “Specifically, section 17 of the Lien Law states in relevant part: The failure to file a notice of pendency of action shall not abate the action as to any person liable for the payment of the debt specified in the notice of lien, and the action may be prosecuted to judgment…”
240-35 Assocs. v. Major Builders Corp., 234 A.D.2d 234 (N.Y. App. Div. 1st Dep't 1996). “The Clerk is directed to enter judgment in favor of defendants Associated Property Management Group and 240-35 Associates dismissing the complaint as against them.”
Worlock Paving Corp. v. Camperlino, 207 A.D.2d 975 (N.Y. App. Div. 4th Dep't 1994). “Plaintiff properly brought the action to foreclose the mechanic’s lien against Camperlino as owner (see, Lien Law § 44 [3]), but was under no obligation to commence a foreclosure action against Boehlert (see, Lien Law § 54). Finally, the direction that Camperlino’s deposition be…”
Bialosky v. Rubin, 62 Misc. 3d 130A (N.Y. App. Term. 2018). · cites it 2× “Lien Law § 54 provides that if "the lienor shall fail, for any reason, to establish a valid lien in an action under the provisions of this article, he may recover judgment therein for such sums as are due him, or which he might recover in an action on a contract, against any…”
Kandov v. Taylor, No. 1:21-cv-01346 (E.D.N.Y. Aug. 12, 2021). “See N.Y. Lien Law § 54 (“If the lienor shall fail, for any reason, to establish a valid lien in an action under the provisions of this article, he may recover judgment therein for such sums as are due him, or which he might recover in an action on a contract, against any party…”
City of New York v. Tuesdai Fam. Irrevocable Living Trust, 243 A.D.3d 761 (N.Y. App. Div. 2d Dep't 2025). “Here, the evidence in the record and the factual allegations in the complaint support the determination that the plaintiff has causes of action pursuant to Administrative Code § 26-305(4)(a) and Lien Law § 54 ( see Lane Constr. Co., Inc.”
Chazon v. Overlook Holding, LLC, 298 A.D.2d 231 (N.Y. App. Div. 1st Dep't 2002). “The court in any event erred in dismissing the complaint sua sponte, apparently on the ground that the lien could not be enforced, since there is no claim that plaintiffs allegations do not sufficiently state causes of action in contract and quantum meruit (see Lien Law § 54;…”
Fid. New York v. Kensington-Johnson Corp., 236 A.D.2d 441 (N.Y. App. Div. 2d Dep't 1997). “), entered February 28, 1995, which, after a nonjury trial, inter alia, is in favor of the defendant Kelly Masonry Corporation and against it in the principal sum of $72,469.60. Ordered that the order and amended judgment is affirmed, with costs.”
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