Katz v. Anchor Construction, Inc.

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…