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Doma Inc. v. 885 Park Ave. Corp.

Filing Bond Discharging Mechanic's Lien Causes Property Owner to Not be Necessary Party

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The following e-filed documents, listed by NYSCEF document number 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26were read on this motion to/for JUDGMENT — DEFAULTDECISION AND ORDER

*1  In this action for breach of contract and to foreclose a mechanic’s lien, plaintiff Doma Inc., a contractor, alleges that it entered into an agreement with defendant Jan Gilman to substantially renovate her home in Apartment 11B of 885 Park Avenue, New York, NY 10021 for an initial cost of $583,800 and, following 39 change orders, an additional cost of $722,509. The building is owned by defendant 885 Park Avenue Corp. (hereinafter the coop), which is a cooperative corporation of which Gilman is a tenant-shareholder. Plaintiff contends that the last day it performed on the contract was September 8, 2016, having substantially completed the work it was hired to do. It asserts that it is owed $177,268.70, and it filed a mechanic’s lien against the premises in that amount. Plaintiff now moves for a default judgment against the coop. The coop cross-moves to dismiss the complaint on the ground that a bond discharging the lien has been filed ensuring full payment of the lien amount. Initially, the coop’s delay in answering was not lengthy and, furthermore, its excuse that it did not believe an answer was necessary in light of the posting of a bond comports with its

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