Summary
holding that courts lack authority to declare a lien void for willful exaggeration where a party successfully obtained a discharge of the lien at the beginning of trial
Summary of this case from SMC ELEC. CONTRS., CORP. v. TSSCO, INC.Opinion
Argued June 3, 1952
Decided July 15, 1952
Appeal from the Supreme Court, Appellate Division, Fourth Department, FRANK J. CREGG, Off. Ref.
Benjamin E. Shove for appellant.
Gordon H. Mahley for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.