126 A.D.3d 436 2 N.Y.S.3d 351

LMF-RS Contracting, Inc., Appellant, v Nevzet Kaljic et al., Respondents.

[2 NYS3d 351]

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered on or about October 3, 2013, which, insofar as appealed from as limited by the briefs, granted defendants Nevzet *437Kaljic and Christina Kaljic’s motion for summary judgment vacating the mechanic’s lien, and denied plaintiffs motion to amend the mechanic’s lien, unanimously affirmed, with costs.

Summary disposition is warranted, because the evidence that the amount of the lien was wilfully exaggerated is conclusive (Strongback Corp. v N.E.D. Cambridge Ave. Dev. Corp., 25 AD3d 392 [1st Dept 2006]). Plaintiff included in its lien amount items that are not for labor or materials, as its own itemization makes plain, and plaintiff has failed to even attempt to explain the discrepancies.

Concur — Acosta, J.P., Andrias, Saxe, DeGrasse and Richter, JJ.

LMF-RS Contracting, Inc. v. Kaljic
126 A.D.3d 436 2 N.Y.S.3d 351

Case Details

Name
LMF-RS Contracting, Inc. v. Kaljic
Decision Date
Mar 3, 2015
Citations

126 A.D.3d 436

2 N.Y.S.3d 351

Jurisdiction
New York

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