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Legal Opinion

MLF3 Airitan LLC v. 2338 Second Avenue Mazal LLC

New York Supreme Court

Decided October 4, 2016Published

1Opinion of the Court

OPINION OF THE COURT

Anil C. Singh, J.

In this action for, inter alia, breach of fiduciary duty and trust fund diversion, plaintiffs move for a declaratory judgment (i) directing the defendants to account for all trust assets received relating to the projects; (ii) seeking damages for the costs of labor, materials and services furnished in the performance of the contracts related to the improvement of the projects; and (iii) directing the defendants that the mechanic’s liens have priority over Bank Leumi USA’s liens and/or claims against the HAP2 and HAP3 projects. In motion sequence No. 001,…

2Cases cited31 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
  3. Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
  4. 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
  5. Fontanetta v. John Doe 1Appellate Division of the Supreme Court of the State of New York · 2010

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