M.A.R.S. Homes Inc. v. Chiodo

—Order unanimously reversed on the law with costs and motion *1057denied. Memorandum: In this action to foreclose on a mechanic’s lien, Supreme Court erred in granting plaintiffs motion for summary judgment against Frank A. Chiodo (defendant) for the amount stated in the notice of lien. Plaintiff filed a mechanic’s lien in the amount of $11,426 against defendant’s property. The lien arose from the construction of a foundation for a new home to be built on defendant’s property. The record establishes that plaintiff had issued defendant two credits, one for $11,000 and the other for $5,400, toward…