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MATTER OF MATRIX/PPF STATEN ISLAND LOT 1, LLC v. BKS-NY, LLC

2018-04847, 2018-07141. Index No. 85026/18.

204 A.D.3d 1009 (2022)

165 N.Y.S.3d 331

2022 NY Slip Op 02797

In the Matter of Matrix/PPF Staten Island Lot 1, 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., New York, NY ( 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, Brathwaite Nelson, Miller and Wooten, JJ., concur.

Ordered that the order dated March 15, 2018, is reversed insofar as appealed from, on the law, and those branches of the petition which were, in effect, (1) to summarily discharge the mechanic's lien dated January 2, 2018, and filed by BKS-NY, LLC, insofar as asserted against the petitioners, (2) to direct the Richmond County Clerk's Office to vacate and discharge that lien insofar as asserted against the petitioners, and (3) for a determination that the amount claimed in...

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