Legal Opinion

Trystate Mechanical, Inc. v. Macy's Retail Holdings, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided April 24, 2012PublishedCited by 2 opinions

1Opinion of the Court

In an action, inter alia, to foreclose a mechanic’s lien, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Demarest, J.), dated September 29, 2010, as, upon converting the defendant’s motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint into a motion for summary judgment, granted that motion, and denied that branch of the plaintiffs cross motion which was pursuant to CPLR 3025 (b) for leave to amend the complaint to add a cause of action to recover damages for fraud.

Ordered that the order is affirmed insofar as…

2Cases cited5 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. In the Matter of City of New YorkNew York Court of Appeals · 2008
  4. In re Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
  5. Negvesky v. United Interior Resources, Inc.Appellate Division of the Supreme Court of the State of New York · 2006

3Cited by2 opinions

  1. Morrison v. Hain Celestial Group, Inc.New York Supreme Court · 2013
  2. Trystate Mechanical, Inc. v. TEFCO, LLCAppellate Division of the Supreme Court of the State of New York · 2012

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