City of New York v. American Pipe & Tank Lining Co.

Order, Supreme Court, New York County (Jane S. Solomon, J.), entered February 14, 2011, which denied the claimant’s motion for an advance payment for the subject trade fixtures, and granted petitioner’s cross motion for summary judgment dismissing the fixture claim, unanimously affirmed, without costs. Order, same court and Justice, entered May 20, 2011, which, to the extent appealed from as limited by the briefs, *567denied claimant’s motion to renew, unanimously affirmed, without costs.

The documentary evidence demonstrates that claimant and nonparty 538-540 West 35th Corporation (538…