Legal Opinion

A & E Plumbing, Inc. v. Budoff

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

Decided February 22, 1979PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Kane, J.

Plaintiffs filed a mechanic’s lien upon defendants’ real property in the sum of $25,000, contending this sum represented the balance due for materials, labor and services provided pursuant to oral agreements for additional construction, extension and improvements to defendants’ residence. Trial Term found that the lien as filed was an overstatement of plaintiffs’ claim in the sum of $6,108, but rejected defendants’ argument that there had been a willful exaggeration such as would invalidate the lien and entitle them to damages (Lien Law, §§ 39, 39-a).

At trial…

2Cases cited9 opinions

  1. Shipman v. Words of Power Missionary Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
  2. Barnet v. CannizzaroAppellate Division of the Supreme Court of the State of New York · 1957
  3. Goodman v. Del-Sa-Co Foods, Inc.New York Court of Appeals · 1965
  4. Goldberger-Raabin, Inc. v. 74 Second Avenue Corp.New York Court of Appeals · 1929
  5. Grimpel v. HochmanCivil Court of the City of New York · 1972

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Howdy Jones Construction Co. v. Parklaw Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
  2. Pelc v. BergAppellate Division of the Supreme Court of the State of New York · 2009
  3. New Day Builders, Inc. v. SJC RealtyAppellate Division of the Supreme Court of the State of New York · 1995
  4. Gorton v. George A. Nole & Sons, Inc.Court of Appeals for the Second Circuit · 1985
  5. In Re Mohawk Frozen Foods, Inc.Court of Appeals for the Second Circuit · 1985

1 more not listed; retrieve them via the Exa API.

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