Trystate Mechanical, Inc. v. TEFCO, LLC

In an action pursuant to Lien Law § 77 to enforce a trust, the plaintiff appeals from an order of the Supreme Court, Kings County (Demarest, J.), dated October 5, 2010, which granted the motion of the defendants TEFCO, LLC, Ron Panich, and Steve Brandon pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint insofar as asserted against them.

Ordered that the order is affirmed, with costs.

In July 2006 nonparty Chapeau, Inc. (hereinafter Chapeau) *1099entered into a “Discount Energy Purchase Agreement” (hereinafter DEPA) with a predecessor-in-interest to nonparty Macy’s Retail Holdings, Inc.…