Hutchinson Roofing & Sheet Metal Co. v. Gillert Construction Corp.

Plaintiff should not have been denied the amount found. to be due it on the contract, even though defendant was entitled to recover damages on account of the exaggerated lien. (Lien Law, §§ 39, 39-a, 54.) Findings of fact and conclusions of law inconsistent herewith are reversed and new findings will be made. Present — Nolan, P, J,, Carswell, Adel, Sneed and Wenzel, JJ. Settle order on notice,