Lynch Schwab Obtains $134,271 Judgment in Real Property Action and Dismissal of Claims against Client
Lynch Schwab Client was the owner of a large commercial building in Mt. Vernon , New York. One of the building tenants, had contracted with a local construction company to build out a pizza restaurant. However, when the tenant defaulted on the construction contract, the contractor filed a Mechanic's Lien and then sued our client for the total cost of construction. In response, we moved to dismiss the Mechanic's Lien and also to collect on the unpaid rent of the tenants.
In ICDIA v. Visaggi, et. al., the Court found that the Mechanic's Lien was improper, since the building owner did not consent to the work being performed and that the construction Company did not file the lien within 8 months of the work being completed. In addition, the Court granted our client summary judgment against the tenants for the full amount of the rents still owed, at the time of decision the total outstanding debt was $134,271.00.