LMF-RS Contracting, Inc. v. Kaljic

Summary

The Appellate Division, First Department affirmed an order vacating a mechanic's lien and denying the plaintiff's motion to amend it. The court held that summary disposition was warranted because the lien amount was wilfully exaggerated, including items not attributable to labor or materials, and the plaintiff did not explain the discrepancies.

Holdings

1. Summary disposition is warranted where the evidence conclusively establishes that the amount of a mechanic's lien was willfully exaggerated.
2. The plaintiff was not entitled to amend the mechanic's lien where its own itemization demonstrated discrepancies and the lien amount was conclusively shown to be willfully exaggerated.

Questions Presented

1. Whether summary judgment was properly granted to vacate the mechanic's lien because the lien amount was willfully exaggerated.
2. Whether the plaintiff should have been permitted to amend the mechanic's lien despite the discrepancies in the claimed amount.

Disposition

affirmed