Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff's claims under Lien Law §§ 39 and 39-a are not appropriate for summary resolution at this stage of the case. In an appropriate action, Lien Law § 39 authorizes the court to declare a lien void upon finding that it has been "wilfully exaggerated." Lien Law § 39-a renders a lienor found to have made such an exaggeration liable for damages and an attorney's fee...
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