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BLAKE ELECTRIC CONTRACTING CO. v. AMERIBUILD CONSTRUCTION MANAGEMENT

0112112/2007, Index no. 591136/07

2008 NY Slip Op 32049 (U)

BLAKE ELECTRIC CONTRACTING CO., on behalf of itself and all other persons similarly situated as trust fund beneficiaries of Lien Law trusts of which Ameribuild Construction Management, Inc. Is a Trustee, Plaintiffs, v. AMERIBUILD CONSTRUCTION MANAGEMENT, INC., BRANDON ROTH, CIAO-DI RESTAURANT CORPORATION and JOHN DOES "1" THROUGH "10," Defendants. AMERIBUILD CONSTRUCTION MANAGEMENT, INC., and BRANDON ROTH, Third Party Plaintiffs, v. PAXTON 350, LLC, ALAN B FRIEDBERG, and DAVID GRUBER, Third Party Defendants.

Supreme Court of the State of New York, New York County.

July 8, 2008

Judge: JOAN A. MADDEN

Third-party defendants Alan B. Friedberg and David Gruber ("the moving defendants" ) move for an order (1) dismissing the third-party complaint against them on the ground that it fails to state a cause of action and based on documentary evidence; (2) granting sanctions against third-party plaintiffs and/or their attorneys for frivolous conduct. Third-party plaintiffs oppose the motion. For the reasons below, the motion to dismiss the third-party...

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