Judgment affirmed insofar as appealed from. Plaintiff is awarded one bill of $50 costs and disbursements.
The payment made by defendant Dember Construction Corporation to the subcontractor, Smith-Sparrow Construction Corp., was an advance payment pursuant to section 7 of the Lien Law. The good faith defense permitted under that section may not be used if payment is made subsequent to the filing of a mechanic's lien. Here, the payment was so made. Thus, there is no...
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