NDL Associates, Inc. v. Villanova Heights, Inc.
Opinion of the Court
Supreme Court improperly held a hearing on the issue of whether the mechanic’s lien was wilfully exaggerated (see Bryan’s Quality Plus, LLC v Dorime, 80 AD3d 639, 640-641 [2d Dept 2011]). That issue should be determined at trial or on a motion for summary judgment (see e.g. Northe Group, Inc. v Spread NYC, LLC, 88 AD3d 557 [1st Dept 2011]; Aaron v Great Bay Contr., 290 AD2d 326 [1st Dept 2002]). Supreme Court’s
The matter should be assigned to a different Justice, as the record shows that Supreme Court was biased in favor of defendants. Concur — Andrias, J.E, Sweeny, Moskowitz and ManzanetDaniels, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.