Legal Opinion
Goodman v. Del-Sa-Co Foods, Inc.
New York Court of Appeals
Decided February 11, 1965PublishedCited by 35 opinions
1Opinion of the CourtVan Voorhis, J.
The question on this appeal concerns whether appellant is entitled to recover a civil penalty under section 39-a of the Lien Law for the willful exaggeration of a mechanic’s lien. The amount of the lien as filed was $22,804.68 after crediting payments, but the amount actually due thereon was found to have been $9,380.89. The trial court voided the lien on a finding that it had been willfully exaggerated to some extent, but made no finding to show what items were exaggerated willfully or by how much. No finding was called for concerning the extent of willful exaggeration, inasmuch as the…
2Cases cited18 opinions
- Colon v. . LiskNew York Court of Appeals · 1897
- Aeschlimann v. . Presbyterian HospitalNew York Court of Appeals · 1901
- Goldberger-Raabin, Inc. v. 74 Second Avenue Corp.New York Court of Appeals · 1929
- Osborne v. International Railway Co.New York Court of Appeals · 1919
- A. B. Murray Co. v. Lidgerwood Manufacturing Co.New York Court of Appeals · 1926
13 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Pyramid Champlain Co. v. R.P. Brosseau & Co.Appellate Division of the Supreme Court of the State of New York · 1999
- Guzman v. Estate of FlukerAppellate Division of the Supreme Court of the State of New York · 1996
- Howdy Jones Construction Co. v. Parklaw Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Pelc v. BergAppellate Division of the Supreme Court of the State of New York · 2009
- Coppola General Contracting Corp. v. Noble House Construction of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
30 more not listed; retrieve them via the Exa API.