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SMI BUILDING SYSTEMS, LLC v. WEST 4TH STREET DEVELOPMENT GROUP, LLC

2010-07762.

83 A.D.3d 687 (2011)

920 N.Y.S.2d 397

SMI BUILDING SYSTEMS, LLC, Respondent, v. WEST 4TH STREET DEVELOPMENT GROUP, LLC, Appellant, et al., Defendants.

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

Decided April 5, 2011.

Ordered that the order is affirmed, without costs or disbursements.

In May 2009 the plaintiff, SMI Building Systems, LLC (hereinafter SMI), filed a mechanic's lien in the principal sum of $758,011 against real property in Kings County owned by the defendant West 4th Street Development Group, LLC (hereinafter West 4th). SMI alleged that, pursuant to a contract between it and DYA Construction, Inc. (hereinafter DYA), the alleged general contractor for a construction...

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