Tekton Bldrs., LLC v. 1232 S. Blvd LLC — First Dept. Affirms Lien Dismissal for Willful Exaggeration but Denies Conditions-Precedent Defense
The First Department affirmed summary judgment dismissing a contractor’s mechanic’s lien foreclosure claim under New York’s Lien Law willful exaggeration defense after the contractor admitted including over $1 million for work never performed, but denied summary judgment on the owner’s conditions-precedent defense because the parties’ course of conduct raised factual issues about whether notice requirements were waived.