Benro Survey, Ltd. v. S. Zara & Sons Contracting Co.

Appellate Division of the Supreme Court of New York

Benro Survey, Ltd. v. S. Zara & Sons Contracting Co.

123 A.D.2d 735, 507 N.Y.S.2d 604, 1986 N.Y. App. Div. LEXIS 60877

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 20, 1986

StatusPublished

This text of 123 A.D.2d 735 (Benro Survey, Ltd. v. S. Zara & Sons Contracting Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Benro Survey, Ltd. v. S. Zara & Sons Contracting Co., 123 A.D.2d 735, 507 N.Y.S.2d 604, 1986 N.Y. App. Div. LEXIS 60877 (N.Y. Ct. App. 1986).

Pincite

Opinion

In an action to foreclose a mechanic’s lien, the defendants appeal from a judgment of the Supreme Court, Nassau County (Roncallo, J.), entered March 11, 1985, which was in favor of the plaintiff and against them in the principal sum of $14,000 and dismissed the counterclaims of the defendant S. Zara & Sons Contracting Co., Inc.

Justice Lawrence has been substituted for the late Justice Gibbons (see, 22 NYCRR 670.2 [e]).

Ordered that the judgment is affirmed, with costs.

A review of the record convinces us that the court’s findings are supported by the credible evidence (see, Matter of Poggemeyer, 87 AD2d 822; Jones Constr. Co. v Parklaw Realty, 76 AD2d 1018, affd 53 NY2d 718), and that the court was not mistaken in its calculation of the amount owing. Accordingly, the judgment should not be disturbed on appeal. Thompson, J. P., Lawrence, Eiber and Spatt, JJ., concur.

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In an action to foreclose a mechanic’s lien, the defendants appeal from a judgment of the Supreme Court, Nassau County (Roncallo, J.), entered March 11, 1985, which was in favor of the plaintiff and against them in the principal sum of $14,000 and dismissed the counterclaims of the defendant S. Zara & Sons Contracting Co., Inc.

Justice Lawrence has been substituted for the late Justice Gibbons (see, 22 NYCRR 670.2 [e]).

Ordered that the judgment is affirmed, with costs.

A review of the record convinces us that the court’s findings are supported by the credible evidence (see, Matter of Poggemeyer, 87 AD2d 822; Jones Constr. Co. v Parklaw Realty, 76 AD2d 1018, affd 53 NY2d 718), and that the court was not mistaken in its calculation of the amount owing. Accordingly, the judgment should not be disturbed on appeal. Thompson, J. P., Lawrence, Eiber and Spatt, JJ., concur.

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123 A.D.2d 735, 507 N.Y.S.2d 604, 1986 N.Y. App. Div. LEXIS 60877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benro-survey-ltd-v-s-zara-sons-contracting-co-nyappdiv-1986.

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