MID ATLANTIC FRAMING, LLC v. VARISH CONST., INC.

No. 3:13-CV-01376 (MAD/DEP).

117 F.Supp.3d 145 (2015)

MID ATLANTIC FRAMING, LLC, on behalf of itself and all other similarly situated beneficiaries of trust funds received, or to be received by defendant Varish Construction, Inc. Under Article 3-A of the New York Lien Law, Plaintiff, v. VARISH CONSTRUCTION, INC.; AVA Realty Ithaca, LLC; AVA Development, LLC; Tom Varish, individually: Ajesh Patel, individually; 359 Hospitality Associates, LLC; Seneca Supply, LLC d/b/a the Duke Company; and "John Doe No. 1" through "John Doe No. 20", inclusive, as those persons and entities having an interest in real property located at 359 Elmira Road, Ithaca, New York, and being designated as Tax Parcel Nos.: 128.-1-8 and 129.-1-9 on the Land and Tax Map of the City of Ithaca, Tompkins County, New York, and a portion of Tax Parcel Nos.: 129-1-10.2, 129.-1-1-1, 129.-1-6.2 and 129.-1-7.2 on the Land and Tax Map of the City of Ithaca, Tompkins County, New York, and/or the trust funds received, or to be received by Varish Construction, Inc. for the improvement of said property, Defendants.

United States District Court, N.D. New York.

Signed July 24, 2015.


Attorney(s) appearing for the Case

Marco & Sitaras, PLLC, George Sitaras, Esq. , of Counsel, New York, NY, for Plaintiff.

Cooper Erving & Savage LLP, Brian W. Matula, Esq. , of Counsel, Albany, NY, for Defendants AVA Realty Ithaca, LLC, AVA Development LLC, and Ajesh Patel.


MEMORANDUM-DECISION AND ORDER

I. INTRODUCTION

Plaintiff commenced this action on November 5, 2013, seeking damages in connection with a construction project in which Plaintiff performed work as a subcontractor of Varish Construction, Inc. (together with owner/principal, Tom Varish, collectively...

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