Tedesco Plumbing v. Russo, No. 096202 (Feb. 15, 1991)
Opinion of the Court
This is an action to foreclose the mechanic's lien. Citytrust disputes the validity, priority and the amount of the lien.
As to its validity, the lien was clearly perfected within ninety days of the service call of March 6, 1989. As to its priority and amount, more than ninety days had elapsed between finishing work under the contracts on January 23, 1989 and giving notice of and filing the lien on April 30, 1989. By no stretch of the imagination can making a service call to repair damage inflicted by a third party after the work under the contracts had been completed be considered a continuation of the contracted work. The plaintiff recognized this by billing for the service call. Therefore, the lien cannot relate back to March 24, 1987 even if that is the correct starting date under the contracts.
I find that the lien is valid for the service call only. Therefore, its amount is $103. It is subordinate to the Citytrust mortgage recorded on April 30, 1987 and also as to any other liens perfected prior to March 6, 1989.
The plaintiff prayed for a strict foreclosure of its mechanic's lien and also for money damages. He is entitled to strict foreclosure of his lien for $103 plus statutory interest from March 6, 1989 to date of redemption if redeemed. In addition, he is entitled to a money judgment of $3,165 plus statutory interest from January 23, 1989 to the date this judgment is entered. Because of the small amount involved as compared to what must be the named defendant's equity, I set law day at April 29, 1991 for the named defendant.
J. HEALEY, STATE TRIAL REFEREE
Case-law data current through December 31, 2025. Source: CourtListener bulk data.