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MULBERRY DEVELOPMENT LLC v. PEAK PERFORMANCE NYC, LLC

3500, 155548/16.

148 A.D.3d 583 (2017)

2017 NY Slip Op 02157

50 N.Y.S.3d 67

MULBERRY DEVELOPMENT LLC, Respondent, v. PEAK PERFORMANCE NYC, LLC, et al., Appellants.

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

Decided March 23, 2017.

Defendants' motion was properly denied since they failed to establish that the mechanic's lien filed by plaintiff was willfully exaggerated (see Lien Law § 39-a; On the Level Enters., Inc. v 49 E. Houston LLC, 104 A.D.3d 500 [1st Dept 2013]; compare Strongback Corp. v N.E.D. Cambridge Ave. Dev. Corp., 25 A.D.3d 392 [1st Dept 2006]). Inclusion of allegedly outstanding retainage...

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