Great American Restoration Services, Inc. v. Flaton

OPINION OF THE COURT

Memorandum.

Ordered that the order is affirmed, without costs; and it is further, ordered that, on the court’s own motion, the matter is remitted to the District Court for the entry of a judgment in favor of plaintiff dismissing the counterclaim without prejudice. In this commercial claims action to recover for unpaid services, defendant interposed a counterclaim alleging that plaintiff had filed a wilfully exaggerated mechanic’s lien in connection with the services at issue. Defendant subsequently moved to transfer the action from the Commercial Claims Part of the District…