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MATTER OF MATRIX STATEN ISLAND DEVELOPMENT, LLC v. BKS-NY, LLC

2018-04840. Index No. 85029/18.

204 A.D.3d 1004 (2022)

167 N.Y.S.3d 530

2022 NY Slip Op 02795

In the Matter of Matrix Staten Island Development, LLC, et al., Respondents, v. BKS-NY, LLC, Appellant, et al., Respondent.

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

Decided April 27, 2022.

Attorney(s) appearing for the Case

Trenk, DiPasquale, Della Fera & Sodono, P.C., New York, NY (Margreta M. Morgulas and Paul Hollander of counsel), for appellant.

Faegre Drinker Biddle & Reath LLP, New York, NY (Marsha J. Indych and Kenneth J. Wilbur, pro hac vice, of counsel), for petitioners-respondents.

Barros, J.P., Brathwaite Nelson, Miller and Wooten, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the petition which were, in effect, (1) to summarily discharge the subject mechanic's lien insofar as asserted against the petitioners, (2) to direct the Richmond County Clerk's Office to vacate and discharge the subject lien insofar as asserted against the petitioners, and (3) for a determination that the amount claimed in the subject mechanic's lien was willfully exaggerated...

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