New York Supreme and/or Appellate Courts Appellate Division, First Department
March 5, 2013
REBAR LATHING CORP., ETC.,
CENTURY MAXIM CONSTRUCTION CORP., ET AL., DEFENDANTS, MID-CARLISLE CONSTRUCTION CORP., ET AL.,
Rebar Lathing Corp. v Century Maxim Constr. Corp.
Decided on March 5, 2013
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Gonzalez, P.J., Mazzarelli, Renwick, Richter, Gische, JJ.
Order, Supreme Court, New York County (Charles E. Ramos, J.), entered July 13, 2011, which, insofar as appealed from as limited by the briefs, denied that branch of defendants-appellants' motion to dismiss plaintiff's fourth cause of action as against defendant owner, unanimously affirmed, with costs.
Plaintiff subcontractor filed a valid mechanic's lien against the premises, which, given the absence of any contractual privity, provides a basis for its claim against the owner for trust violations under article 3-A of the Lien Law (see Lien Law § 71[a]; see Quantum Corporate Funding v L.P.G. Assoc., 246 AD2d 320, 322 [1st Dept 1998], lv denied 91 NY2d 814 ; see also Spectrum Painting Contrs., Inc. v Kreisler Borg Florman Gen. Constr. Co., Inc., 64 AD3d 565, 576 [2d Dept 2009]; Weber v Welch, 246 AD2d 782, 784 [3d Dept 1998]).
We have considered the owner's remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: MARCH 5, 2013
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