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NORTHE GROUP, INC. v. SPREAD NYC, LLC

Nos. 5789N, 600068/10.

88 A.D.3d 557 (2011)

931 N.Y.S.2d 231

2011 NY Slip Op 7363

NORTHE GROUP, INC., Appellant, v. SPREAD NYC, LLC, Respondent, et al., Defendants.

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

Decided October 20, 2011.

In accordance with the standards for summary judgment, a claim under Lien Law § 39 is subject to summary disposition where, as here, the evidence that the amount of the lien was wilfully exaggerated is conclusive (see Strongback Corp. v N.E.D. Cambridge Ave. Dev. Corp., 25 A.D.3d 392, 393 [2006]). The documentary evidence, including plaintiff's invoices (which identify plaintiff as the "construction manager") and the parties...

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