This issue came up on nio-discuss: http://mail.openjdk.java.net/pipermail/nio-discuss/2014-January/000710.html On OS X it appears to be caused by the underlying mkdir failing with EISADIR and this not translated into a FileAlreadyExistsException. On Windows it appears to be caused by the underlying CreateDIrectory failing with an access denied error. It does not appear to be an issue on Linux.