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TADIR AIR, INC. v. FGH REALTY, INC.

297 A.D.2d 230 (2002)

746 N.Y.S.2d 160

TADIR AIR, INC., Respondent, v. FGH REALTY, INC., Appellant, et al., Defendant.

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

Decided August 15, 2002.

In this action to foreclose on a mechanic's lien seeking recovery of the cost of goods and services provided by plaintiff subcontractor Tadir Air, Inc. (Tadir), defendant FGH Realty, Inc. (FGH) moved for summary judgment on the grounds, inter alia, that Tadir failed to properly serve the notice of lien and summons and complaint on it, mandating dismissal of the action. The IAS court denied the motion, finding that FGH's denial...

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