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GOODMAN v. DEL-SA-CO FOODS

15 N.Y.2d 191 (1965)

Jack Goodman, Doing Business as Keystone Contracting Co., Respondent, v. Del-Sa-Co Foods, Inc., Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided February 11, 1965.

Attorney(s) appearing for the Case

Bendict Ginsberg for appellant.

Jacob Rappaport and Abraham Rosenfeld for respondent.

Judges FULD, SCILEPPI and BERGAN concur with Judge VAN VOORHIS; Chief Judge DESMOND dissents in an opinion in which Judges DYE and BURKE concur.

VAN VOORHIS, J.

The question on this appeal concerns whether appellant is entitled to recover a civil penalty under section 39-a of the Lien Law for the willful exaggeration of a mechanic's lien. The amount of the lien as filed was $22,804.68 after crediting payments, but the amount actually due thereon was found to have been $9,380.89. The trial court voided the lien on a finding that it had been willfully exaggerated...

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