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TURNER CONSTRUCTION COMPANY v. 75 BROAD, LLC

32 A.D.3d 696 (2006)

819 N.Y.S.2d 920

TURNER CONSTRUCTION COMPANY, Respondent, v. 75 BROAD, LLC, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

September 7, 2006.

After filing a mechanic's lien against defendant's property in November 2000 based on work performed for and at the behest of defendant's defaulting tenant, plaintiff waited until March 2002 to file a notice of pendency and commence the instant action. Thereafter, during the ensuing three years, apart from moving for summary judgment in 2003, which motion was denied as premature, plaintiff did little to prosecute the action. The...

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