CFS Enterprises, Inc. v. CG & J Realty, LLC (Queens Mechanic's Lien Bond Dispute)

The Appellate Division, Second Department, affirmed a Queens County trial court's denial of CG & J Realty, LLC's motion to vacate a Lien Law §19 bond and dismiss CFS Enterprises, Inc.'s action to foreclose a mechanic's lien on CG & J Realty's commercial property. The court held that CG & J Realty's NYSCEF filing of its order to show cause did not satisfy Lien Law §59's requirement of personal service on the lienor, so the motion was properly denied regardless of the merits of the underlying lien dispute.

Why it matters

The ruling reinforces that New York courts apply mechanic's lien procedure with no tolerance for shortcuts, on lienors and property owners alike. Commercial owners, lenders, and contractors dealing with liens or lien-discharge bonds on active projects should treat strict, verifiable compliance with Lien Law notice and service requirements as a precondition to any later motion to vacate or dismiss, since electronic filing on NYSCEF is not a substitute for Lien Law §59's personal-service mandate.

Case timeline · 7 entries Latest: October 14, 2026 — The Appellate Division, Second Department, affirms the denial

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