Brescia Const. Co., Inc. v. Walart Const. Co., Inc

In Brescia Const. Co., Inc. v. Walart Const. Co., Inc. (249 A.D. 151 [1st Dept 1936] affd 273 NY 648 [1937]) the lien notice stated: 8. The agreed price and value of said labor is $ 8,178.39. 9. The agreed price and value of said materials is $ 3,312.26 which includes a balance of $ 1,400 on the original contract and $ 1,912.26 of which is for extra materials. 10. The amount unpaid the lienor for such labor and materials including the extra work as aforesaid is the sum of $ 11,490.65. The court found that the based on the proof, "the agreed price and value of the labor and materials was $ 18,788.20, that there was paid to the lienor $ 7,297.55, leaving an unpaid balance of $ 11,490.65" . Since the notice of lien did not state the value of the labor performed and materials furnished, but merely has stated the amount unpaid as the whole value of the services performed and materials furnished, it failed to meet the requirement that the notice shall state the whole value of the labor and materials, as well as the amount remaining unpaid; "one requirement was as imperative as the other."