F.M.C. CONSTRUCTION, LLC v. HEARTLAND DEVELOPMENT CORPORATION

A103025/2005, Motion Nos. 009, 012, Action No. 2, No. 100946/06

2009 NY Slip Op 30821 (U)

F.M.C. CONSTRUCTION, LLC, Plaintiff, v. HEARTLAND DEVELOPMENT CORPORATION a/k/a HEARTLAND DEVELOPMENT CORP., PARK TYSEN ASSOCIATES, LLC, THE STOP & SHOP SUPERMARKET COMPANY, LLC, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, WESTCHESTER FIRE INSURANCE COMPANY, and JOHN AND JANE DOES 1 THROUGH 100, the names John and Jane Doe being fictitious, representing the holders of mortgages or liens against the subject premises, the true names of defendants being currently unknown, Defendants. HEARTLAND DEVELOPMENT CO., INC., Third-Party Plaintiffs, v. VANBRO CORPORATION, ICONO STUCCO CORPORATION, MORETRENCH AMERICAN CORPORATION, ARBOR INTERIORS, INC., STANLEY ACCESS TECHNOLOGIES, MARJAM SUPPLY CO., INC., BROOKLYN FIREPROOFING CORP., COUNTY METAL & GLASS, INC., MODERN HANDLING EQUIPMENT COMPANY, DOKA USA, LTD., ACTIVE FIRE SPRINKLER CORPORATION, CITY OF NEW YORK, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, M&T REAL ESTATE TRUST G. FIORE CONCRETE & CONSTRUCTION INC., ROYCE CONTRACTORS, INC., INTERSTATE MATERIALS CORP., and JOHN AND JANE DOES 1 THROUGH 100, the names John and Jane Doe being fictitious representing the holders of mortgages or liens against the subject premises, the true names of defendants being currently unknown, Third-party defendants THE STOP & SHOP SUPERMARKET COMPANY LLC, individually and as subrogee of B&G ELECTRICAL CONTRACTORS OF NY INC., GATOFF MECHANICAL GROUP, INC. and ARTISAN TILE & MARBLE COMPANY, individually and in a representative capacity on behalf of all beneficiaries of a Lien Law Article 3-A Trust, Plaintiff, v. HEARTLAND DEVELOPMENT CO., INC., RONALD PALUMBO, WARREN EVANKO, JAMES MacKEY and RICHARD HAGUE, Defendants.

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

April 14, 2009.


DECISION AND ORDER

Judith N. McMahon, Judge.

FMC Construction, LLC [hereinafter FMC], commenced this action to recover money allegedly not paid after it performed, inter alia, concrete work at the defendant's premises. The work was performed in connection with the construction of a Super Stop & Shop Supermarket [hereinafter "Stop & Shop"] located at 2712-2754 Hylan Boulevard, Staten Island, New York. In accordance with the contract with Stop...

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