Friday, May 25, 2012

Court Finds Question of Exaggeration is Always Questions of Fact Requiring a Trial

In Scarano Architect PLLC v. 6322 Holding Corp. an architect filed a mechanic's lien and sought to enforce same in a foreclosure action.  The owner moved for summary judgment claiming that the purported definitive proof of exaggeration required dismissal of the liens and judgment in favor of the owner pursuant to Lien Law Sections 39 and 39a.   In rejecting the owner's arguments the Court noted that the question of the exaggeration of a lien cannot be determined summarily but, instead, must always be determined at a trial of the foreclosure action.

Vincent T. Pallaci is a partner at the New York law firm of Kushnick Pallaci, PLLC where his practice focuses primarily on construction law including prosecuting and defending mechanic's lien foreclosure actions.  He can be reached at or (631) 752-

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