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What is NYC AC § 17-152?

Quick Answer

This section outlines the grounds for challenging the validity of a lien in enforcement or discharge proceedings. It specifies that challenges cannot be made based on the lawfulness of work done or the accuracy of claimed expenses, except by property owners or certain lienors. Applies to property owners and mortgagees involved in lien disputes.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 17-152 Validity of lien; grounds for challenge.

AC § 17-152

a. In any proceedings to enforce or discharge the lien, the validity of the lien shall not be subject to challenge based on: (1) The lawfulness of the work done; or (2) The propriety and accuracy of the items of expenses for which a lien is claimed, except as provided in this section. b. No such challenge may be made except by (1) the owner of the property, or (2) a mortgagee or lienor whose mortgage or lien would, but for the provision of section 17-151, have priority over the department's lien. c. With respect to any issue specified in subdivision a of this section the certificate of the department filed pursuant to section 17-153 shall be presumptive evidence of the facts stated therein.

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