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CASELLA CONSTR. CORP. v. 322 E. 93RD ST. LLC

Index No. 155098/17. Appeal No. 16852. Case No. 2022-01574.

211 A.D.3d 458 (2022)

181 N.Y.S.3d 20

2022 NY Slip Op 06989

Casella Construction Corporation, Appellant, v. 322 East 93rd Street LLC, Respondent/Counterclaimant-Respondent. 324 E. 93 LLC, Additional Counterclaim Defendant. (And an Additional Action.)

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

Decided December 8, 2022.

Attorney(s) appearing for the Case

Gerber Ciano Kelly Brady LLP, Garden City ( Brendan T. Fitzpatrick of counsel), for appellant.

Georgoulis PLLC, New York ( Chris Georgoulis of counsel), for respondent.

Concur—Kern, J.P., Gesmer, Kennedy, Scarpulla, Rodriguez, JJ.

Order, Supreme Court, New York County (Verna L. Saunders, J.), entered January 24, 2022, which granted defendant 322 East 93rd Street LLC's motion for summary judgment to the extent of declaring that plaintiff's mechanic's lien is void and discharged as willfully exaggerated pursuant to Lien Law § 39, and referred the matter to a special referee to assess damages, unanimously affirmed, without costs.

In accordance with an emergency order issued by the New York...

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