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SKANSKA USA BUILDING INC. v. ATLANTIC YARDS B2 OWNER, LLC

652680/14.

146 A.D.3d 1 (2016)

2016 NY Slip Op 06903

40 N.Y.S.3d 46

SKANSKA USA BUILDING INC., Appellant-Respondent, v. ATLANTIC YARDS B2 OWNER, LLC, et al., Respondents-Appellants, et al., Defendants.

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

Decided October 20, 2016.

Attorney(s) appearing for the Case

Peckar & Abramson, P.C., New York City (Bruce D. Meller and Peter E. Moran of counsel), for appellant-respondent.

Kramer Levin Naftalis & Frankel LLP, New York City (Harold P. Weinberger, Natan M. Hamerman and Kaavya Viswanathan of counsel), and Troutman Sanders LLP, New York City (Lee W. Stremba, Aaron Abraham and Kevin P. Wallace of counsel), for respondents-appellants.

Couch White, LLP, Albany (Jennifer K. Harvey and Joel M. Howard, III of counsel), for amicus curiae.

SAXE and WEBBER, JJ., concur with ACOSTA, J.P.; GISCHE and KAHN, JJ., dissent in part in an opinion by GISCHE, J.

OPINION OF THE COURT

This case gives us the opportunity to interpret the language of Lien Law § 5, which provides that a private developer on public land must post a bond or other undertaking guaranteeing prompt payment to the contractor. We also address piercing the corporate veil in litigation involving sophisticated...

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