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Otis Elevator Co. v. Michael Della Vecchia & Son, Inc.
Citations: 236 A.D.2d 377; 654 N.Y.S.2d 576; 1997 N.Y. App. Div. LEXIS 1007
Court: Appellate Division of the Supreme Court of the State of New York; February 2, 1997; New York; State Appellate Court
In an appeal regarding a mechanic's lien foreclosure, defendants Michael Della Vecchia, Son, Inc. and Michael Della Vecchia sought to overturn a judgment from the Supreme Court, Queens County, which awarded the plaintiff $70,033.90 after a nonjury trial. The court, with Justice Florio substituting for the late Justice Hart, affirmed the judgment, stating that the description in the notice of lien, which included unimproved property, did not invalidate the lien, referencing relevant case law (Matter of Niagara Venture v Sicoli, Massaro; East Coast Mines v Golf Course Props. Co.). The appellants argued that the trial court improperly dismissed their counterclaim for breach of contract. However, the appellate court emphasized that determinations regarding witness credibility made by trial courts are typically upheld on appeal (citing New Day Bldrs. v SJC Realty; Clearwater Excavating Corp. v JZG Resources; Brooklyn, Queens El. Co. v Excel Assocs.). The appellate review confirmed the trial court's findings on witness credibility, thus supporting the dismissal of the breach of contract counterclaim. The court found the remaining arguments from the appellants to be without merit. Justices Altman, Goldstein, Florio, and McGinity concurred in the decision.