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AMERICAN BLDRS. & CONTRS. SUPPLY CO., INC. v. US ALLEGRO, INC.

2017-04497. Index No. 709189/15.

177 A.D.3d 836 (2019)

112 N.Y.S.3d 765

2019 NY Slip Op 08388

American Builders & Contractors Supply Co., Inc., Respondent, v. US Allegro, Inc., et al., Defendants, and Five Star Contracting Companies, Inc., Appellant.

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

Decided November 20, 2019.

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

In June 2015, the plaintiff filed certain mechanics liens against the defendant Five Star Contracting Companies, Inc. (hereinafter Five Star), and others. After the mechanic's liens were only partially satisfied, the plaintiff commenced this action to foreclose on the subject mechanic's liens in their reduced amounts. Five Star submitted an answer which did not contain any counterclaims. By December...

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