Ruckle & Guarino, Inc. v. Hangan

To establish the right to enforce a mechanic’s lien, the contractor, or in this case the subcontractor, must make a prima facie case that the lien is valid, and that it is entitled to the amount asserted in the lien (8 Warren's Weed, New York Real Property § 92.11 [3] [a] [5th ed], citing Cramer v Esswein, 220 App Div 10 [1927]; see LHV Precast v Woodstock Lawn & Home Maintenance, 296 AD2d 736 [2002]). Plaintiff did not adduce sufficient evidence to establish prima facie entitlement to summary judgment enforcing the lien. Notably, the proposal on which plaintiff relies postdates the work performed, and plaintiffs evidence failed to establish that plaintiff is entitled to the amount asserted in the lien, i.e., $80,000. Concur—Andrias, J.P., Friedman, Buckley, McGuire and Moskowitz, JJ.