Staten Island Global Logistics Park Lot 3, LLC v. BKS-NY, LLC

204 A.D.3d 1020

165 N.Y.S.3d 368 (Mem)

In the Matter of STATEN ISLAND GLOBAL LOGISTICS PARK LOT 3, LLC, et al., petitioners-respondents,

v.BKS–NY, LLC, appellant, et al., respondent.

2018–04851, 2018–07147

Index No. 85028/18

Supreme Court, Appellate Division, Second Department, New York.

Argued—December 3, 2021

April 27, 2022

Trenk, DiPasquale, Della Fera & Sodono, P.C. (Margreta M. Morgulas and Paul Hollander of counsel), for appellant.

Faegre Drinker Biddle & Reath, LLP, New York, N.Y. (Marsha J. Indych and Kenneth J. Wilbur, pro hac vice, of counsel), for petitioners-respondents.

BETSY BARROS, J.P., VALERIE BRATHWAITE NELSON, ROBERT J. MILLER, PAUL WOOTEN, JJ.

DECISION & ORDER

In a proceeding, inter alia, pursuant to Lien Law § 19(6) to summarily discharge certain mechanic's liens, BKS–NY, LLC, appeals from (1) an order of the Supreme Court, Richmond County (Orlando Marrazzo, Jr., J.), dated March 15, 2018, and (2) an order of the same court dated May 14, 2018. The order dated March 15, 2018, insofar as appealed from, granted those branches of the petition which were, in effect, (1) to summarily discharge a 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 mechanic's lien insofar as asserted against the petitioners, and (3) for a determination that the amount claimed in that mechanic's lien was willfully exaggerated, and thereupon, for a hearing to determine the amount of damages sustained by the petitioners, inter alia, pursuant to Lien Law § 39–a. The order dated May 14, 2018, insofar as appealed from, granted those branches of the petition which were pursuant to Lien Law § 39 to vacate and discharge a mechanic's lien dated March 19, 2018, and filed by BKS–NY, LLC, and to direct the Richmond County Clerk's Office to vacate and discharge that mechanic's lien.

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 that mechanic's lien was willfully exaggerated, and thereupon, for a hearing to determine the amount of damages sustained by the petitioners, inter alia, pursuant to Lien Law § 39–a, are denied; and it is further,

ORDERED that the order dated May 14, 2018, is reversed insofar as appealed from, on the law, and those branches of the petition which were pursuant to Lien Law § 39 to vacate and discharge the mechanic's lien dated March 19, 2018, and filed by BKS–NY, LLC, and to direct the Richmond County Clerk's Office to vacate and discharge that...