Paro v. Biondo

Appeal from a judgment of the Supreme Court in favor of plaintiff, entered February 3, 1984 in Franklin County, upon a decision of the court at Trial Term (Dier, J.), without a jury.

Plaintiff commenced a mechanic’s lien foreclosure action against defendant Ross Biondo (defendant) for the sum of $5,350, representing the unpaid balance of the contract price of $14,000 for blacktopping an entrance driveway and parking lot in connection with the construction of a State Police substation on defendant’s property. Defendant answered and counterclaimed for $20,000 for defective performance. At the…