CPN Mechanical, Inc. v. Madison Park Owner LLC

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered January 20, 2011, which, to the extent appealed from, denied defendant Madison Park Owner LLC’s motion for summary judgment dismissing the causes of action for mechanic’s lien foreclosure, unjust enrichment, and quantum meruit as against it, and on its counterclaim, pursuant to Lien Law §§ 39 and 39-a, for wilful exaggeration of the lien, unanimously affirmed, without costs.

The e-mails noting that plaintiff CPN Mechanical, Inc. was *627doing work on the project within eight months of its filing of a mechanic’s lien establish…