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DIENST v. PAIK CONSTR., INC.

1279, 651450/13.

139 A.D.3d 607 (2016)

32 N.Y.S.3d 155

2016 NY Slip Op 04109

DANIEL W. DIENST et al., Plaintiffs, v. PAIK CONSTRUCTION, INC., Defendant/Third-Party Plaintiff-Respondent. THE PRIVATE BANK AND TRUST COMPANY, Third-Party Defendant-Appellant.

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

Decided May 26, 2016.

In this mechanic's lien foreclosure action brought by defendant/third-party plaintiff Paik Construction, Inc. (Paik), for nonpayment of work performed and materials furnished in constructing the condominium apartment owned by the underlying plaintiffs, the documentary evidence fails to conclusively establish that Private Bank's loan is not a building loan agreement (see Fortis Fin. Servs. v Fimat Futures USA, 290 A.D.2d 383 [1st...

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