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Pelc v. Berg

Matter Name: Pelc v. Berg
Client Name:Mr. and Mrs. F. Stephen Berg
Case Summary: Plaintiff contactor filed a mechanic’s lien after defendant homeowners became dissatisfied with his work and would not approve any further insurance payments to the contractor. In an action to enforce the lien, the defendant homeowners alleged that the lien was willfully and intentionally exaggerated and alleged four counterclaims for damages caused to their property by the plaintiff contractor. At trial, the court found that the lien was willfully exaggerated and that it was worth nothing and awarded damages on the counterclaims, and defendants were awarded their attorney’s fees for defending against the lien claim. The Appellate Division affirmed the decision below except modified the decision to delete the damages for slander of title.
Date of DecisionDecember 30, 2009
Practice AreaConstruction Law, Litigation