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AJ CONTRACTING COMPANY, INC. v. FARMORE REALTY INC.

47 A.D.3d 501 (2008)

849 N.Y.S.2d 546

AJ CONTRACTING COMPANY, INC., Plaintiff, v. FARMORE REALTY INC., Formerly Known as SWEETHEART THEATRES, INC., et al., Defendants, and THE AMERICAN CASUALTY COMPANY OF READING, PA., Appellant. PRG PLANNING & DEVELOPMENT LLC, Respondent, v. LATENITE MAGIC, INC., et al., Defendants, and CONSECO VARIABLE LIFE INSURANCE COMPANY et al., Intervenors-Appellants.

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

Decided January 22, 2008.

There is no evidence of exaggeration, much less that any exaggeration was willful, warranting a declaration under Lien Law § 39 that plaintiff's mechanic's lien is void (cf. Strongback Corp. v N.E.D. Cambridge Ave. Dev. Corp., 25 A.D.3d 392 [2006]). We modify only insofar as the judgment holds intervenors directly liable to plaintiff in quasi contract. We reject the trial court's finding that intervenors formally admitted that...

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