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MATTER OF MATRIX STATEN ISLAND DEVELOPMENT, LLC v. BKS-NY, LLC

2018-07149. Index No. 85029/18.

204 A.D.3d 1007 (2022)

165 N.Y.S.3d 373

2022 NY Slip Op 02796

In the Matter of Matrix Staten Island Development, LLC, et al., Respondents, v. BKS-NY, LLC, Appellant, et al., Respondent.

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

Decided April 27, 2022.

Attorney(s) appearing for the Case

Trenk, DiPasquale, Della Fera & Sodono, P.C. ( Margreta M. Morgulas and Paul Hollander of counsel), for appellant.

Faegre Drinker Biddle & Reath, LLP, New York, NY ( Marsha J. Indych and Kenneth J. Wilbur , pro hac vice, of counsel), for petitioners-respondents.

Barros, J.P., Brathwaite Nelson, Miller and Wooten, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the petition which were pursuant to Lien Law § 39 to vacate and discharge the mechanic's lien dated March 19, 2018, and filed by BKS-NY, LLC, and to direct the Richmond County Clerk's Office to vacate and discharge that mechanic's lien are denied.

In the order appealed from, dated May 14, 2018, the Supreme Court, among other things, granted those branches...

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