LLC v. LLC (2009)

ORDER

In the matter of Brookfield (E & A), LLC v. Celentano Excavating, LLC, CV 09-5007845, the plaintiff filed an application for discharge or reduction of mechanic's lien, and the Court heard the matter on September 14th 2009.

The applicant was represented by Attorney Jeffrey Donofrio, and the defendant was represented by Attorney Kenneth Rozich.

The Court heard testimony from Mark Celentano and from Raquel Fisher.   The Court has carefully listened to the testimony and considered the exhibits as well as taken into account all of the relevant statutory authority.

The Court finds that the requirements of Section 49-34 regarding recording and service were complied with.   The Court finds that the lien was recorded in the land records and served within 90 days after completion of the work.

The Court further finds that the lienor has proven by probable cause the establishment of the validity of the lien pursuant to CGS Section 49-35b(a).

The plaintiff has proven by clear and convincing evidence that the amount of the lien claimed is excessive and should be reduced.

Accordingly, the lien is ordered reduced to $74,574.27.

So ordered.

By the Court,

Hon. Richard M. Marano Judge

Marano, Richard M., J.