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CPN MECH., INC. v. MADISON PARK OWNER, LLC

13048, 601276/10, 104923/10, 652255/10, 105485/11

120 A.D.3d 1148 (2014)

992 N.Y.S.2d 880

2014 NY Slip Op 06535

CPN MECHANICAL, INC., et al., Appellants, v. MADISON PARK OWNER, LLC, Respondent, et al., Defendants. (And Other Actions.).

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

Decided September 30, 2014.

Plaintiffs argue that since plaintiff CPN Mechanical, Inc.'s admitted theft of $100,000 from defendant by over-billing for the HVAC work on defendant's renovation project only amounted to 1.25% of its total subcontract price, the theft is not central to the claims brought in this lien foreclosure action (see McConnell v Commonwealth Pictures Corp., 7 N.Y.2d 465, 471 [1960]). This argument is unpreserved and, in any event, without...

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