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YOUNG'S L&M CONSTR. v. KELLEY

13 Misc.3d 307 (2006)

822 N.Y.S.2d 409

YOUNG'S L&M CONSTRUCTION, INC., Plaintiff, v. SABINA BRANDT KELLEY et al., Defendants.

Supreme Court, New York County.

July 17, 2006.

Attorney(s) appearing for the Case

Agins, Siegel & Reiner, LLP, New York City (Richard C. Agins and Ben S. Chazen of counsel), for defendants.

Wrobel & Schatz LLP, New York City (Steven I. Fox of counsel), for plaintiff.

OPINION OF THE COURT

RICHARD F. BRAUN, J.

Plaintiff has sued both defendants in this action for foreclosure of a mechanic's lien, and defendant Sabina Brandt Kelley for money damages for breach of contract, unjust enrichment, and quantum meruit. Defendants move to dismiss the complaint, pursuant to CPLR 3211 (a) (1), (3) and (7), for a discharge of the lien, pursuant to CPLR 3211 (a) (1), and sanctions, pursuant to CPLR 3126 and 22 NYCRR 130-1.1 (c).

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