Justice Edward Spain
Bethel Sunshine Camp of the Catskill Mountains Inc. operates a business on property owned by Pentecostal Faith Church. In 2011 Bethel contracted for Associated Building Services Inc.’s erection of two buildings. Buried garbage and debris was uncovered. In 2012 Bethel contracted for Associated’s removal of such debris. Associated subcontracted the job to Deckelman LLC. After Bethel failed to pay, Associated filed a $364,799 mechanic’s lien in July 2012. After Deckelman sued Associated to recover for its unpaid work Associated brought breach action and sought to foreclose on its mechanic’s lien. Third Department upheld supreme court’s denial of demands by Pentecostal and Bethel to compel that Associated provided an itemized statement of the work and materials underlying its lien. Under Lien Law §38, itemization is required only when necessary to apprise the owner of the details of the lienor’s claim. Pentecostal and Bethel did not dispute full awareness of the 2011 contract’s terms. As to the 2012 debris removal contract, the complaint set forth agreed upon rates for the work and asserted that Bethel was routinely provided invoices detailing the work Associated completed. Thus, further itemization would be “superfluous.”
