Fidelity New York v. Kensington-Johnson Corp.

Full title: FIDELITY NEW YORK, FSB, Formerely Known as FIDELITY NEW YORK, F.A.…

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

Date published: Feb 10, 1997

236 A.D.2d 441 (N.Y. App. Div. 1997)

654 N.Y.S.2d 602

Opinion

February 10, 1997.

In an action, inter alia, to foreclose a mechanic's lien, the defendant Kensington-Johnson Corporation appeals from an order and amended judgment (one paper) of the Supreme Court, Nassau County (Segal, J.), entered February 28, 1995, which, after a nonjury trial, inter alia, is in favor of the defendant Kelly Masonry Corporation and against it in the principal sum of $72,469.60.

Before: Bracken, J.P., Ritter, Santucci and Altman, JJ.

Ordered that the order and amended judgment is affirmed, with costs.

The trial court properly awarded Kelly Masonry Corporation damages against the defendant Kensington-Johnson Corporation ( see, Lien Law § 54; Eagle Contrs. v Black, 8 NY2d 732; Noce v Kaufman, 2 NY2d 347; Brook-Hattan Utils, v 893 Constr. Corp., 180 AD2d 660; Paro v Biondo, 105 AD2d 577).

The parties ` remaining contentions are without merit.