Citation Numbers: 131 Misc. 2d 254
Judges: Brown
Filed Date: 3/4/1986
Status: Precedential
Modified Date: 2/5/2022
OPINION OF THE COURT
By notice of petition, dated January 14, 1986, and supporting papers, Mohawk Post No. 1450, Inc. (Mohawk) moves for an order directing the lienor to furnish an itemized statement of the lien as provided for in Lien Law § 38. The motion is opposed on the grounds that the statement demanded need only be supplied as to items in dispute (Matter of Solow v Bethelehem Steel Corp., 60 AD2d 826), and that because there is no question as to what items and materials were supplied to Mohawk, there is no right to such a statement. The lienor also opposes that part of the demand which seeks the name of the individual or individuals with whom any contract was made on the grounds that it is not discoverable under Lien Law §38.
The court finds, based upon the papers submitted, that Mohawk is entitled to full itemized statements of the following requested information:
1. The items of material and the value thereof which make up the amount claimed in the lien.
2. The items of the contract under which such items were furnished.
Finally, because the request for the name of the individual or individuals with whom any agreement was made is not an appropriate matter for an itemized statement, that aspect of the petition is denied.
Accordingly, the petition is, in part, granted, and, in part, denied.