Finger v. Roth Bros. Regal Restaurant Supply Corp.

Plaintiffs move for summary judgment. The complaint seeks to plead a cause of action under section 39-a of the Lien Law. This section recites in part: ‘‘ Where in any action or proceeding to enforce a mechanic’s lien upon a private or public improvement the court shall have declared said lien to be void on account of wilful exaggeration' the person filing such notice of lien shall be liable in damages to the owner or contractor.”

The defendant filed a mechanic’s lien against plaintiffs. Subsequently an order was entered in this court, on default, discharging the lien. It was alleged by the…