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KPG INC. v. SALINAS GROUP LIMITED

11 A.D.3d 338 (2004)

783 N.Y.S.2d 543

KPG INC., Formerly Known as KURLAND PASSARETTI GROUP, Respondent, v. SALINAS GROUP LIMITED et al., Defendants, and 120 BROADWAY PROPERTIES, LLC, et al., Appellants.

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

October 19, 2004.

While plaintiff's initial papers in support of its default motion were insufficient because they did not include evidentiary proof predicated upon personal knowledge to support plaintiff's claims, premised on Lien Law § 70, an affidavit subsequently supplied by plaintiff rectified the deficiency. In view of the failure of 120 Broadway to provide a reasonable excuse for not responding to plaintiff's pleadings, which were served...

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