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5 BROS., INC. v. D.C.M. OF N.Y., LLC

500824/2011.

2013 NY Slip Op 50395(U)

5 BROTHERS, INC. A/K/A AVON CONTRACTORS;, Plaintiffs, v. D.C.M. OF NEW YORK, LLC, D.C.M. OF NEW JERSEY, LLC, BRIAN ABBEY, ALEXANDER'S KING PLAZA CENTER, INC., ALEXANDER'S OF BROOKLYN, INC., BEST BUY CO., INC., POLO ELECTRIC CORP., C.R. LAURENCE CO, INC., JE BERKOWITZ, LP, DIAM-N-BLU MECHANICAL CORP., VINTAGE FLOORING & TILE, ANIXTER, INC., THE DAVIDSON GROUP, INC., and WELLS FARGO BANK, N.A.;, Defendants.

Supreme Court, Kings County.

Decided March 21, 2013.

Attorney(s) appearing for the Case

Vincent Pallaci, Esq. Kushnick Pallaci PLLC 445 Broad Hollow Road, Suite 124 Melville, NY 11747 Attorney for General Contractor, D.C.M. of New York, LLC:

Susan Shaw, Esq. Hoguet Newman Regal & Kenney, LLP 10 E. 40th Street, 35th Floor New York, NY 10016 Attorney for J.E. Berkowitz, L.P.

CAROLYN E. DEMAREST, J.

In this action, general contractor D.C.M. of New York, LLC ("DCM") moves pursuant to New York's Lien Law § 19(6), to discharge a mechanic's lien filed by subcontractor J.E. Berkowitz, L.P. ("JEB"). JEB opposes the motion, and, in the alternative, cross-moves to amend its notice.

BACKGROUND

The underlying dispute stems from a construction improvement project for Best Buy retail store at Kings Plaza Mall. DCM, the general...

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