Minelli Construction Co. v. Arben Corp.

In an action, inter alia, to foreclose a mechanic’s lien, the defendants Arben Corporation and United States Fidelity and Guaranty Company appeal from so much of an order of the Supreme Court, Westchester County (Rudolph, J.), entered June 12, 2002, as denied their cross motion for summary judgment discharging the lien as a willful exaggeration pursuant to Lien *581Law §§ 39 and 39-a, and on their counterclaim alleging breach of contract and as granted that branch of the plaintiffs motion which was for summary judgment dismissing Arben Corporation’s counterclaims to recover damages for…