LOVE DRYWALL, INC. v. HARBOR LIGHT DEVELOPMENT CORP.

2009-05141.

72 A.D.3d 1034 (2010)

898 N.Y.S.2d 872

LOVE DRYWALL, INC., Respondent, v. HARBOR LIGHT DEVELOPMENT CORP., Doing Business as POINT OF WOODS HOMES, INC., et al., Appellants.

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

Decided April 27, 2010.


Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, we find no reason to disturb the Supreme Court's denial of that branch of the defendants' motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (4), based upon the pendency of another action to enforce a trust under article 3-A of the Lien Law brought against three of the defendants in this action...

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