The Appellate Division reversed, denied the motion, and reinstated the lien. A court has no inherent power to vacate, modify, or discharge a notice of lien pursuant to Lien Law § 19(6) where there is no defect on the face of the lien, and any dispute concerning the lien's validity must await a trial. To the extent that the motion court relied on waivers in payment applications, plaintiff's submission of evidence of the parties' course of conduct raised an issue of fact as to whether the waivers released plaintiff's payment claims.
Pizzarotti, LLC v. FPG Maiden Lane LLC, NY Slip Op 05305 (1st Dep't October 1, 2020)
