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PARK PLACE CARPENTRY & BUILDERS, INC. v. DiVITO

2009-07501.

74 A.D.3d 928 (2010)

901 N.Y.S.2d 866

PARK PLACE CARPENTRY & BUILDERS, INC., Respondent, v. DOMINICK DiVITO, Also Known as DOMINIC DiVITO, et al., Appellants, et al., Defendants.

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

Decided June 8, 2010.

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

The Supreme Court properly held that the appellants failed to demonstrate, as a matter of law, that the subject mechanic's lien was facially invalid under Lien Law § 19, or that the plaintiff wilfully exaggerated the same and therefore, the lien was void pursuant to Lien Law § 39 (see Turbo Carpentry Corp. v Brancadoro, 21 A.D.3d 479,...

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