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AZTEC WINDOW & DOOR MFG., INC. v. 71 VIL. RD., LLC

60 A.D.3d 795 (2009)

875 N.Y.S.2d 528

AZTEC WINDOW & DOOR MFG., INC., Respondent, v. 71 VILLAGE ROAD, LLC, et al., Appellants.

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

Decided March 17, 2009.

Ordered that the order is reversed, on the law, with costs, the cross motion for leave to file an untimely notice of pendency is denied, the motion to discharge the mechanic's lien is granted, and the mechanic's lien is discharged.

In 2006 the defendants, as owners/managers of real property in Brooklyn, entered into a contract with the plaintiff, inter alia, to supply and install windows and doors. When the plaintiff was...

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