WINDJAMMER HOMES, INC. v. LIEBERMAN


278 A.D.2d 411 (2000)

717 N.Y.S.2d 362

WINDJAMMER HOMES, INC., Respondent, v. BRUCE LIEBERMAN et al., Appellants.

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

Decided December 18, 2000.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed, the mechanic's lien is discharged, and the notice of mechanic's lien and notice of pendency are vacated.

In December 1994 the plaintiff Windjammer Homes, Inc. (hereinafter Windjammer) entered into an agreement with the defendants to build a home for them in the Town of Southampton. Windjammer alleged that the contract price was $157,670.80 and that a balance...

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