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CURTIS PARTITIONS CORP. v. HALPERN CONSTRUCTION, INC.

43 A.D.3d 744 (2007)

843 N.Y.S.2d 16

CURTIS PARTITIONS CORP., Plaintiff, v. HALPERN CONSTRUCTION, INC., Respondent, and 2 BROADWAY LLC, Appellant, et al., Defendants.

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

Decided September 20, 2007.

The disposition was supported by a fair interpretation of the evidence and should not be disturbed (Watts v State of New York, 25 A.D.3d 324 [2006]). The lienor was entitled to foreclose, based on credible evidence at trial that it had performed its contracts on time, to the best of its ability. To the extent it failed to meet its deadlines, the lienor was blameless for the delays. There was ample evidence, based on the conduct and...

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