Summary
enforcing agreement's lien waiver in exchange for payment allegedly less than lien's value
Summary of this case from Capital Constr. Mgmt. of New York, LLC v. ZagaOpinion
February 26, 1998
Appeal from the Supreme Court, New York County (Marylin Diamond, J.).
Petitioners' reliance on Westbury S S Concrete v. Manshul Constr. Corp. ( 212 A.D.2d 596) is misplaced, since respondent's lien waiver, which was given in consideration for payment of an amount much less than was being claimed by respondent, became void when petitioners did not make the stipulated payment and respondent filed the lien. With no other evidence tending to show that the amount set forth in the lien was deliberately exaggerated, the claim for damages under Lien Law § 39-a was properly dismissed ( see, Fidelity N.Y. v. Kensington-Johnson Corp., 234 A.D.2d 263).
Concur — Ellerin, J. P., Nardelli, Wallach, Rubin and Tom, JJ.