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LEVEL ENTERS., INC. v. 49 E. HOUSTON LLC

602781/08.

2012 NY Slip Op 50286(U)

ON THE LEVEL ENTERPRISES, INC., Plaintiff, v. 49 EAST HOUSTON LLC, CHARLES McGRATH CONSTRUCTION INC., MIDFIRST BANK AND THE ENVIRONMENTAL CONTROL BOARD, Defendants.

Supreme Court, New York County.

Decided February 17, 2012.

Attorney(s) appearing for the Case

Daniel Gammerman, Esq. , Martin Shaw, Esq. , 6800 Jericho Turnpike, Syosset, New York 11791, Attorneys for the Plaintiffs.

Robert M. Kaplan, Esq. , Ferber Chan Essner & Coller, LLP 530 Fifth Avenue, New York, NY 10036, Stephen A. Spinelli & Associates, Stephen A. Spinelli, Esq. , 1861 86th Street, Brooklyn, New York 11214, Attorneys for the Defendants.

BERNARD J. FRIED, J.

In this action to recover on a mechanic's lien, defendant 49 East Houston LLC (LLC) moves, pursuant to CPLR 3212, for summary judgment dismissing the cross claims brought against it by defendant McGrath Construction Inc. (McGrath); an order dismissing the complaint of plaintiff On The Level Enterprises, Inc. (OTL); and for summary judgment on its second cross claim against McGrath, for McGrath's alleged willful exaggeration of the lien. McGrath...

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