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NEPTUNE ESTATES v. BIG POLL

16458/10.

39 Misc.3d 649 (2013)

961 N.Y.S.2d 896

2013 NY Slip Op 23075

NEPTUNE ESTATES, LLC, Plaintiff, v. BIG POLL & SON CONSTRUCTION, LLC, et al., Defendants.

Supreme Court, Kings County.

March 14, 2013.

Attorney(s) appearing for the Case

Mary T. Dempsey , New York City, for plaintiff. Elaine Kaplansky Fridlin , Brooklyn, for Big Poll & Son Construction, LLC, and another, defendants. Howard R. Birnbach , Great Neck, for IVM General Construction, Inc., and another, defendants.

OPINION OF THE COURT

CAROLYN E. DEMAREST, J.

A bench trial in this action seeking damages under alternative theories of breach of contract, negligence, indemnification, restitution, a "wrongfully filed mechanic's lien" and counterclaims of breach of contract, conversion, and unjust enrichment was commenced on July 30, 2012 and concluded on September 20, 2012. This action was joined for trial with the related action, IVM Gen. Constr. v Neptune Estates...

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