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MUNOZ TRUCKING CORP. v. DARCON CONSTRUCTION, INC.

2015-12516, 2016-07179. Index No. 28211/11.

153 A.D.3d 838 (2017)

61 N.Y.S.3d 238

2017 NY Slip Op 06283

MUNOZ TRUCKING CORP., Appellant, v. DARCON CONSTRUCTION, INC., et al., Defendants. PAVARINI McGOVERN, LLC, Nonparty Respondent.

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

Decided August 23, 2017.

Ordered that the order dated November 13, 2015, is reversed, on the law and in the exercise of discretion, the plaintiff's motion for leave to serve a supplemental summons and amended complaint adding Pavarini McGovern, LLC, as a party defendant is granted, and the cross motion of Pavarini McGovern, LLC, to discharge the public improvement mechanic's lien filed on or about February 6, 2015, is denied; and it is further,

Ordered that the appeal from the order dated...

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