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J.T. MAGEN & CO. INC. v. NISSAN N. AM., INC.

Index No. 160497/17, Appeal No. 1451, Case No. 2023-00124.

2024 NY Slip Op 00228

J.T. MAGEN & COMPANY INC., Plaintiff-Appellant, v. NISSAN NORTH AMERICA, INC., ET AL., Defendants-Respondents, GARY FLOM, ET AL., Defendant.

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

Decided January 18, 2024.

Attorney(s) appearing for the Case

Morrison Cohen LLP, New York ( Y. David Scharf of counsel), for appellant.

Seyfarth Shaw LLP, New York ( Elizabeth D. Schrero of counsel), and Seyfarth Shaw LLP, Boston MA, ( John R. Skelton of the bar of the Commonwealth of Massachusetts, admitted pro hac vice, of counsel), for Nissan North America, Inc. and Philadelphia Indemnity Insurance Company, respondents.

Kasowitz Benson Torres LLP, New York ( Joshua E. Hollander of counsel), for Georgetown Eleventh Avenue Owners, LLC, respondent.

Before: Oing, J.P., Kennedy, Mendez, Pitt-Burke, Michael, JJ.

Order, Supreme Court, New York County (Joel M. Cohen, J.), entered December 8, 2022, which granted, in part, the motions of defendants Nissan North America, Inc., Philadelphia Indemnity Insurance Company (PIIC), and Georgetown Eleventh Avenue Owners, LLC to the extent of granting summary judgment dismissing plaintiff's complaint in its entirety and declaring the mechanic's lien void; granting summary judgment on liability in favor of Nissan and Georgetown on their first and...

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