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EUROCRAFT MILLWORK, INC. v. B&B CONSTR., INC.

9484N, 654311/12.

172 A.D.3d 641 (2019)

99 N.Y.S.3d 617

2019 NY Slip Op 04283

Eurocraft Millwork, Inc., et al., Appellants, v. B&B Construction, Inc., et al., Respondents.

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

Decided May 30, 2019.

Inasmuch as the claim against defendants' counsel alleging disbursement of trust funds in violation of Lien Law article 3-a is time-barred (see Lien Law § 77 [2]), leave to add it to the complaint was properly denied (see Tabolt v KMZ Enters., 52 A.D.2d 995 [3d Dept 1976], affd 43 N.Y.2d 687 [1977]; MBIA Ins. Corp. v Greystone & Co., Inc., 74 A.D.3d...

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