NY PROFESSIONAL DRYWALL OF OC, INC. v. RIVERGATE DEV., LLC

514437.

100 A.D.3d 216 (2012)

952 N.Y.S.2d 852

2012 NY Slip Op 7254

NY PROFESSIONAL DRYWALL of OC, INC., Individually and on Behalf of Itself and All Lienors, Creditors and Claimants for Labor or Materials in Connection with the Improvements of Real Property Herein Described, Appellant, v. RIVERGATE DEVELOPMENT, LLC, et al., Respondents, et al., Defendants.

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

November 1, 2012.


Attorney(s) appearing for the Case

Kushnick Pallaci, PLLC, Melville ( Vincent T. Pallaci of counsel), for appellant.

McNamee, Lochner, Titus & Williams, PC, Albany ( Scott C. Paton of counsel), for respondents.

LAHTINEN, J.P., MALONE JR., McCARTHY and GARRY, JJ., concur.


OPINION OF THE COURT

STEIN, J.

Plaintiff entered into a subcontract with defendant Rivergate Development, LLC to complete certain construction work on a large senior housing project on property owned by defendant Birches at Esopus Senior Housing. After the project began, disagreements arose between plaintiff and Rivergate. Ultimately, plaintiff filed a mechanic's lien on the property for nonpayment of material and labor in the amount of $137,531.39. Rivergate...

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