Wolff & Munier, Inc. v. South Ferry Building Co.

Order, Supreme Court, New York County, entered January 28, 1976, denying plaintiff’s motion for partial summary judgment dismissing defendants’ affirmative defense and counterclaim, unanimously affirmed. Respondent shall recover of appellant $60 costs and disbursements of this appeal. The action is to enforce a mechanic’s lien. The second affirmative defense and counterclaim based on sections 39 and 39-a of the Lien Law alleges willful exaggeration of the amount of the lien. By a series of partial satisfactions of lien unilaterally filed by plaintiff, plaintiff has acknowledged full…