Horizon Bank v. Sigrist

Supreme Court denied plaintiff’s motion for summary judgment and granted to defendant, who constructed the house, an equitable lien on the property to the extent of the value of the house. The court cited no authority for granting equitable relief under the circumstances. The discretion possessed by a court of equity must not be exercised arbitrarily, but rather in accordance with the fixed principles and precedent of equity jurisprudence (55 NY Jur 2d, Equity, § 6; Morris v Morris, 138 Misc 682, affd 234 App Div 187, affd 260 NY 650). There is no principle of equity jurisprudence that would…