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SKANSKA USA BUILDING INC. v. ATLANTIC YARDS B2 OWNER, LLC

652680/14.

146 A.D.3d 1 (2016)

2016 NY Slip Op 06903

40 N.Y.S.3d 46

SKANSKA USA BUILDING INC., Appellant-Respondent, v. ATLANTIC YARDS B2 OWNER, LLC, et al., Respondents-Appellants, et al., Defendants.

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

Decided October 20, 2016.

Attorney(s) appearing for the Case

Peckar & Abramson, P.C., New York City ( Bruce D. Meller and Peter E. Moran of counsel), for appellant-respondent.

Kramer Levin Naftalis & Frankel LLP, New York City ( Harold P. Weinberger , Natan M. Hamerman and Kaavya Viswanathan of counsel), and Troutman Sanders LLP, New York City ( Lee W. Stremba , Aaron Abraham and Kevin P. Wallace of counsel), for respondents-appellants.

Couch White, LLP, Albany ( Jennifer K. Harvey and Joel M. Howard, III of counsel), for amicus curiae.

SAXE and WEBBER, JJ., concur with ACOSTA, J.P.; GISCHE and KAHN, JJ., dissent in part in an opinion by GISCHE, J.

OPINION OF THE COURT

This case gives us the opportunity to interpret the language of Lien Law § 5, which provides that a private developer on public land must post a bond or other undertaking guaranteeing prompt payment to the contractor. We also address piercing the corporate veil in litigation involving sophisticated...

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