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David Chotan, Inc., Plaintiff, v. Natan-Ya Enterprises Corp., Appellant, Robert S. Digiose, Doing Business as Progressive Mason, Respondent, et al., Defendant

New York Supreme Court, Appellate Division2003-04-14
304 A.D.2d 610757 N.Y.S.2d 472

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Opinion

majority opinion

In an action to foreclose a mechanic’s lien, the defendant Natan-Ya Enterprises Corp. appeals from a judgment of the Supreme Court, Nassau County (Rosenblum, R.), entered May 2, 2001, which, after an inquest on the issue of damages on a cross claim against it, is in favor of the defendant Robert S. DiGiose, doing business as Progressive Mason, and against it in the principal sum of $15,000.

Ordered that the judgment is affirmed, with costs.

The damages awarded against the appellant were adequately supported by the evidence adduced at the inquest (see Wynne v Wagner, 292 AD2d 447 [2002]; Slater v Links at N. Hills, 262 AD2d 299 [1999]; Perma Pave Contr. Corp. v Paerdegat Boat & Racquet Club, 156 AD2d 550 [1989]).

The appellant’s remaining contentions are without merit. Ritter, J.P., Smith, Krausman and Rivera, JJ., concur.