MATTER OF HEAVY CONSTR. CO., INC. v. METRO CONSTR. EQUITIES, INC.

2013-04192

130 A.D.3d 622 (2015)

10 N.Y.S.3d 887

2015 NY Slip Op 05678

In the Matter of HEAVY CONSTRUCTION CO., INC., Respondent, v. METRO CONSTRUCTION EQUITIES, INC., Respondent, and FRANK DEMARTINO, Appellant.

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

Decided July 1, 2015.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the petition which was to discharge six public improvement mechanic's liens filed by, among others, the appellant Frank DeMartino, since he admittedly was not "a person ... furnishing materials" to the petitioner for the construction of a public improvement within the meaning of Lien Law §§ 5 and 12. Moreover, certain of these liens...

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