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MATTER OF PIZZAROTTI, LLC v. NEW YORK CONCRETE WASHOUT SYS., INC.

Index No. 100390/18. Appeal No. 16615. Case No. 2021-04811.

210 A.D.3d 445 (2022)

178 N.Y.S.3d 24

2022 NY Slip Op 06182

In the Matter of Pizzarotti, LLC, Respondent, v. New York Concrete Washout Systems, Inc., Appellant.

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

Decided November 3, 2022.

Attorney(s) appearing for the Case

Tesser & Cohen, New York ( Danielle Cohen of counsel), for appellant.

Pizzarotti, LLC, New York ( Veronica Mazzoleni of counsel), for respondent.

Concur—Acosta, P.J., Kapnick, Mazzarelli, González, Rodriguez, JJ.

Order, Supreme Court, New York County (Carol Edmead, J.), entered November 24, 2021, which denied respondent's motion pursuant to CPLR 5015(a) to vacate an order, same court and Justice, entered on or about December 18, 2020, granting petitioner's application to cancel a mechanic's lien previously filed by respondent and to discharge the surety bond accompanying that lien, unanimously affirmed, with costs.

Respondent failed to demonstrate a reasonable excuse for its...

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