Goodman v. Del-Sa-Co Foods, Inc.

Memorandum : Judgment insofar as appealed from affirmed, with costs to respondent. The judgment (1) dismissed plaintiff’s action to foreclose his mechanic’s lien, on the ground that he willfully exaggerated his claim (Lien Law, § 39); (2) ordered the lien cancelled of record; (3) granted judgment to plaintiff against defendant for services rendered and materials furnished, in the amount of $9,380.89, plus interest and costs, making a total judgment of $10,952.72; and (4) dismissed defendant’s counterclaims. In its answer defendant had set forth two counterclaims. In one it alleged that…