AMERICON CONSTRUCTION INC. v. RADU PHYSICAL CULTURE, LLC

7191, 602577/09, 7192.

93 A.D.3d 580 (2012)

940 N.Y.S.2d 633

2012 NY Slip Op 2265

AMERICON CONSTRUCTION INC., Respondent, v. RADU PHYSICAL CULTURE, LLC, et al., Defendants, and PLAZA ACCESSORY OWNER LP, Appellant.

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

Decided March 27, 2012.


Plaintiff established that it was entitled to foreclose on its mechanic's lien against appellant owner of the real property located within the Plaza Hotel, based on evidence that it had performed its contract and that it had not been paid for all of the work. Plaintiff also established that the work was done with Plaza's consent because it established that: (1) Plaza's lease with tenant Radu specifically contemplated the improvements; (2) Plaza specifically approved the hiring...

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