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CONSTRUCTION FOR COMMERCE, INC. v. 1325 48TH ST., LLC

2010-11525

90 A.D.3d 975 (2011)

935 N.Y.S.2d 327

2011 NY Slip Op 9582

CONSTRUCTION FOR COMMERCE, INC., Respondent, v. 1325 48TH ST., LLC, Appellant.

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

Decided December 27, 2011.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for a hearing to determine whether the plaintiff was properly served, and thereafter for a new determination of those branches of the plaintiff's motion which were, in effect, pursuant to CPLR 5015 (a) (4) to vacate the order dated March 15, 2010, and to reinstate the mechanic's lien.

Lien Law § 19 (6) provides, with...

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