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YORK HUNTER CONST., INC. v. AVALON PROPERTIES, INC.

No. 99 Civ. 11572 CM.

104 F.Supp.2d 211 (2000)

YORK HUNTER CONSTRUCTION, INC., Plaintiff, v. AVALON PROPERTIES, INC., Avalon Bay Communities, Inc., Sasha Blake, Robin Camin, John Sear, Harvey Paulvin, Paul Gruppo, Mario Bisurdi, Richard Desio, The State of New York, The Village of Mamaroneck and John and Jane Doe 1-150, Defendants.

United States District Court, S.D. New York.

June 9, 2000.

Attorney(s) appearing for the Case

Frederick Cohen, Ross & Cohen, L.L.P., New York, NY, Daniel E. Katz, Bauman Katz & Grill, LLP, New York, NY, for York Hunter Const., Inc.

John H. Reichman, Wachtel & Masyr, LLP, New York, NY, for Avalonbay Communities, Inc.

Daniel E. Katz, Bauman Katz & Grill, LLP, New York, NY, for National Union Fire Ins. Co.

MEMORANDUM DECISION AND ORDER DISMISSING ACTION

McMAHON, District Judge.

This is an action to foreclose a mechanic's lien filed by Plaintiff York Hunter Construction, Inc., and for damages due to Plaintiff. The action was commenced in New York State Supreme Court, Westchester County, on or about October 19, 1999, by service of a summons with notice. The notice is quite detailed and clearly indicated that this was an action in "breach of contract, quantum...

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