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PIZZAROTTI, LLC v. FPG MAIDEN LANE LLC

Index No. 651697/2019. Appeal. No. 11921-11922. Case Nos. 2019-04691, 2019-04692, 2019-04693.

187 A.D.3d 420 (2020)

129 N.Y.S.3d 771

2020 NY Slip Op 05305

Pizzarotti, LLC, Appellant, v. FPG Maiden Lane LLC et al., Respondents. FPG Maiden Lane LLC et al., Counterclaim Plaintiffs, v. Pizzarotti, LLC, et al., Counterclaim Defendants.

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

Decided October 1, 2020.

A court has no inherent power to vacate, modify or discharge a notice of lien pursuant to Lien Law § 19(6) where there is no defect on the face of the lien, and any dispute concerning the lien's validity must await a trial (see Matter of Schiavone Constr. Co. [Fischer & Porter Co.], 181 A.D.2d 580 [1st Dept 1992]). In the context of the motion, to the extent the court relied upon waivers in payment applications, plaintiff...

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