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 4 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, Westchester County (Smith, J.), entered October 22, 2010, as granted the defendant’s motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint, and denied that branch of the plaintiff’s 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 appealed from, with costs.

In December 2006 nonparty Chapeau, Inc.…

2Cases cited4 opinions

  1. In the Matter of City of New YorkNew York Court of Appeals · 2008
  2. In re Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
  3. Negvesky v. United Interior Resources, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  4. Martin v. Liberty Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2012

3Cited by4 opinions

  1. Baring Industries, Inc. v. 3 BP Property Owner LLCDistrict Court, S.D. New York · 2022
  2. Gaul v. Cool Insuring Agency, Inc.Appellate Division of the Supreme Court of the State of New York · 2026
  3. Matter of W 54-7 LLC v. Intersystem S&S Corp.Appellate Division of the Supreme Court of the State of New York · 2022
  4. Trystate Mechanical, Inc. v. TEFCO, LLCAppellate Division of the Supreme Court of the State of New York · 2012

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