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IMP PLUMBING AND HEATING CORP. v. 317 EAST 34th STREET, LLC

6116, 115242/08.

89 A.D.3d 593 (2011)

933 N.Y.S.2d 252

2011 NY Slip Op 8470

IMP PLUMBING AND HEATING CORP., Respondent, v. 317 EAST 34th STREET, LLC, et al., Defendants, and NYU HOSPITAL CENTERS, Appellant.

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

Decided November 22, 2011.

Plaintiff plumbing subcontractor failed to establish its entitlement to judgment as a matter of law. Plaintiff's rights under the Lien Law are wholly derivative of the general contractor's right to payment, as a subcontractor's lien can only be satisfied out of funds "due and owing from the owner to the general contractor" (Timothy Coffey Nursery/Landscape v Gatz, 304 A.D.2d 652, 654 [2003...

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