Katz v. Anchor Construction, Inc.

Appellate Division of the Supreme Court of New York

Katz v. Anchor Construction, Inc.

247 A.D.2d 339, 669 N.Y.S.2d 208, 1998 N.Y. App. Div. LEXIS 1828

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

DecidedFebruary 26, 1998

StatusPublished

Cited by1 cases

This text of 247 A.D.2d 339 (Katz v. Anchor Construction, Inc.) 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.

Bluebook

Katz v. Anchor Construction, Inc., 247 A.D.2d 339, 669 N.Y.S.2d 208, 1998 N.Y. App. Div. LEXIS 1828 (N.Y. Ct. App. 1998).

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Opinion

Order and judgment (one paper), Supreme Court, New York County (Marylin Diamond, J.), entered on or about June 18, 1997, as amended by orders and judgments entered June 26, 1997 and July 3, 1997, which, in a proceeding to discharge a mechanic’s lien, insofar as appealed from, dismissed petitioners’ claim alleging a willful exaggeration of the lien and seeking damages under Lien Law § 39-a, unanimously affirmed, with costs.

Petitioners’ reliance on Westbury S & S Concrete v Manshul Constr. Corp. (212 AD2d 596) is misplaced, since respondent’s lien waiver, which was given in consideration for payment of an amount much less than was being claimed by respondent, became void when petitioners did not make the stipulated payment and respondent filed the lien. With no other evidence tending to show that the amount set forth in the lien was deliberately exaggerated, the claim for damages under Lien Law § 39-a was properly dismissed (see, Fidelity N. Y. v Kensington-Johnson Corp., 234 AD2d 263).

Concur — Ellerin, J. P., Nardelli, Wallach, Rubin and Tom, JJ.

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Order and judgment (one paper), Supreme Court, New York County (Marylin Diamond, J.), entered on or about June 18, 1997, as amended by orders and judgments entered June 26, 1997 and July 3, 1997, which, in a proceeding to discharge a mechanic’s lien, insofar as appealed from, dismissed petitioners’ claim alleging a willful exaggeration of the lien and seeking damages under Lien Law § 39-a, unanimously affirmed, with costs.

Petitioners’ reliance on Westbury S & S Concrete v Manshul Constr. Corp. (212 AD2d 596) is misplaced, since respondent’s lien waiver, which was given in consideration for payment of an amount much less than was being claimed by respondent, became void when petitioners did not make the stipulated payment and respondent filed the lien. With no other evidence tending to show that the amount set forth in the lien was deliberately exaggerated, the claim for damages under Lien Law § 39-a was properly dismissed (see, Fidelity N. Y. v Kensington-Johnson Corp., 234 AD2d 263).

Concur — Ellerin, J. P., Nardelli, Wallach, Rubin and Tom, JJ.

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Bluebook (online)

247 A.D.2d 339, 669 N.Y.S.2d 208, 1998 N.Y. App. Div. LEXIS 1828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/katz-v-anchor-construction-inc-nyappdiv-1998.

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