DOUGLAS CONSTR., INC. v. MARCAIS


239 A.D.2d 803 (1997)

657 N.Y.S.2d 835

Douglas Construction, Inc., of Fulton County, Respondent, v. David B. Marcais et al., Appellants

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

May 22, 1997


Carpinello, J.

Plaintiff, hired by defendants to construct a new home, commenced this action seeking to foreclose a mechanic's lien in the amount of $41,384.64 or, in the alternative, a claim for, inter alia, quantum meruit in the same amount. Defendants counterclaimed for breach of contract and damages for plaintiff's exaggerated lien. Following the denial of defendants' motion for summary judgment and a nonjury trial, Supreme Court found that...

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