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CAPOGNA v. GUELLA

41 A.D.3d 522 (2007)

836 N.Y.S.2d 441

ANTHONY CAPOGNA et al., Respondents, v. ROSANA GUELLA et al., Appellants.

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

Decided June 12, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the defendants failed to demonstrate, as a matter of law, that the plaintiffs willfully exaggerated the subject lien (see Minelli Constr. Co. v Arben Corp., 1 A.D.3d 580, 581 [2003]; East Hills Metro v Dennis Constr. Corp., 277 A.D.2d 348 [2000]; Fidelity N.Y. v...

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