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MATROS AUTOMATED ELECTRICAL CONST. CORP. v. LIBMAN

37 A.D.3d 313 (2007)

830 N.Y.S.2d 127

MATROS AUTOMATED ELECTRICAL CONST. CORP. et al., Appellants, v. KENNETH LIBMAN et al., Respondents, et al., Defendants.

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

Decided February 20, 2007.

Defendants made a prima facie showing that no funds were due and owing from the building owner to the general contractor at the time of the filing of the liens (see Lien Law § 4 [1]; Albert J. Bunce, Ltd. v Fahey, 73 A.D.2d 632 [1979]), and plaintiffs failed to raise any issues of fact in opposition. Under the circumstances, notwithstanding its principal's apparent assertion...

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