A & E PLUMBING v. BUDOFF


66 A.D.2d 455 (1979)

A & E Plumbing, Inc., et al., Respondents, v. Arthur Budoff et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 22, 1979


Attorney(s) appearing for the Case

Joseph Gold for appellants.

Capell, Vishnick & Odierno (Bernard Vishnick of counsel), for respondents.

MAHONEY, P. J., SWEENEY and STALEY, JR., JJ., concur with KANE, J.; HERLIHY, J., dissents and votes to affirm in an opinion.


KANE, J.

Plaintiffs filed a mechanic's lien upon defendants' real property in the sum of $25,000, contending this sum represented the balance due for materials, labor and services provided pursuant to oral agreements for additional construction, extension and improvements to defendants' residence. Trial Term found that the lien as filed was an overstatement of plaintiffs' claim in the sum of $6,108, but rejected...

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