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ATLANTIC LINE CONSTRUCTION, LLC v. MARSTAN DEVELOPMENT CORP.

6250, 602173/09

90 A.D.3d 456 (2011)

934 N.Y.S.2d 148

2011 NY Slip Op 8822

ATLANTIC LINE CONSTRUCTION, LLC, Plaintiff, v. MARSTAN DEVELOPMENT CORP. et al., Appellants, and ARGYLE DEVELOPMENT LLC, Respondent, et al., Defendants.

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

Decided December 8, 2011.

Marstan's allegation that the "Affidavit and Waiver of Lien" was fraudulently procured by an unfulfilled promise on Argyle's part to pay the last of three invoices in full, as opposed to partial payment and a draw-down on previously advanced funds, is unsupported in the record (see Grullon v City of New York, 297 A.D.2d 261, 263 [2002]). Contrary to Marstan's contention that previous invoices...

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