Ferreira v. Saccento

• Decision Date: 13 August 2001
• Citation: 729 N.Y.S.2d 178
• Parties: (A.D. 2 Dept. 2001) Louis A. Ferreira d/b/a Ferreira Home Improvements, respondent, v. Rocco A. Saccento, et al., appellants. 2000-05865 : SECOND JUDICIAL DEPARTMENT
• Court: New York Supreme Court — Appellate Division

Page 178

729 N.Y.S.2d 178 (A.D. 2 Dept. 2001)

Louis A. Ferreira d/b/a Ferreira Home Improvements, respondent, v. Rocco A. Saccento, et al., appellants.

2000-05865

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

Submitted June 21, 2001

August 13, 2001

Francis J. O'Reilly, Mahopac, N.Y., for appellants.

GABRIEL M. KRAUSMAN, J.P., LEO F. McGINITY, ROBERT W. SCHMIDT, THOMAS A. ADAMS, JJ.

In an action to foreclose a mechanic's lien, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Lefkowitz, J.), dated February 27, 2001, as, upon the granting of that branch of their motion which was for summary judgment on their counterclaims and after an inquest on damages, awarded them only $4,500 on their counterclaim to recover damages for the plaintiff's breach of contract, $5,400 on their counterclaim to recover damages resulting from the plaintiff's willful exaggeration of the mechanic's lien, and $2,100 as a reasonable attorney's fee incurred in discharging the mechanic's lien.

ORDERED that on the court's own motion, the notice of appeal from a decision of the same court entered May 16, 2000, is deemed to be a premature notice of appeal from the order dated February 27, 2001 (see, CPLR 5520[c]); and it is further,

ORDERED that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendants' contentions, the Supreme Court properly determined the damages awarded for breach of contract, willful exaggeration of the mechanic's lien, and a reasonable attorney's fee incurred in discharging the willfully-exaggerated mechanic's lien. In an action seeking damages for breach of a construction...