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KAMCO SUPPLY CORP. v. JMT BROS. REALTY, LLC

8081, 603977/07.

98 A.D.3d 891 (2012)

950 N.Y.S.2d 701

2012 NY Slip Op 6256

KAMCO SUPPLY CORP., Appellant, v. JMT BROTHERS REALTY, LLC, Respondent, et al., Defendants.

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

September 25, 2012.

Defendant owner had the initial burden on summary judgment of establishing prima facie that at the time the lien was filed, it owed no payment to the general contractor (Penava Mech. Corp. v Afgo Mech. Servs., Inc., 71 A.D.3d 493, 495 [1st Dept 2010]). It satisfied its burden by showing that by virtue of the general contractor's unlicensed status, the home improvement contract entered between the two was rendered unenforceable pursuant...

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