Jack Goodman, Doing Business as Keystone Contracting Co. v. Del-Sa-Co Foods, Inc.

Summary

The Court of Appeals held that section 39-a of the Lien Law limits a civil penalty to the amount of willful exaggeration, not the entire discrepancy between the filed lien and the amount actually due, and remanded for findings on the extent of the willful exaggeration. Chief Judge Desmond dissented, arguing that the statute’s plain language entitles the owner to the full discrepancy.