N.Y. Lien Law § 39-a: Liability of lienor where lien has been declared void on account of wilful exaggeration

§ 39-a. Liability of lienor where lien has been declared void on

account of wilful exaggeration. Where in any action or proceeding to

enforce a mechanic's lien upon a private or public improvement the court

shall have declared said lien to be void on account of wilful

exaggeration the person filing such notice of lien shall be liable in

damages to the owner or contractor. The damages which said owner or

contractor shall be entitled to recover, shall include the amount of any

premium for a bond given to obtain the discharge of the lien or the

interest on any money deposited for the purpose of discharging the lien,

reasonable attorney's fees for services in securing the discharge of the

lien, and an amount equal to the difference by which the amount claimed

to be due or to become due as stated in the notice of lien exceeded the

amount actually due or to become due thereon.