C.C.C. Renovations, Inc. v. Vict. Towers Dev. Corp.
| Citation | 168 A.D.3d 664,91 N.Y.S.3d 506 |
| Decision Date | 09 January 2019 |
| Docket Number | Index No. 700169/13,2016-04718 |
| Parties | C.C.C. RENOVATIONS, INC., Respondent, v. VICTORIA TOWERS DEVELOPMENT CORP., et al., Appellants, et al., Defendants. |
| Court | New York Supreme Court Appellate Division |
168 A.D.3d 664
91 N.Y.S.3d 506
C.C.C. RENOVATIONS, INC., Respondent,
v.
VICTORIA TOWERS DEVELOPMENT CORP., et al., Appellants, et al., Defendants.
2016-04718
Index No. 700169/13
Supreme Court, Appellate Division, Second Department, New York.
Submitted - October 5, 2018
January 9, 2019
Michael T. Lamberti, New York, NY, for appellants.
John J. Janiec, New York, NY, for respondent.
WILLIAM F. MASTRO, J.P., REINALDO E. RIVERA, COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
ORDERED that the order and judgment is affirmed insofar as appealed from, with costs.
The defendant Victoria Towers Development Corp. (hereinafter
Victoria Towers) is the owner, along with the defendant Wu Towers, LLC (hereinafter Wu Towers), of a building located in Queens (hereinafter the property). Victoria Towers contracted with the defendant Blue Diamond Group, LLC (hereinafter Blue Diamond), to act as general contractor to make repairs to the property necessitated by damage sustained in September 2010. The plaintiff entered into four separate subcontract agreements with Blue Diamond to perform roofing, pipe scaffolding, electrical scaffolding, and sidewalk scaffolding work at the property. After the work was performed, some or all of the amounts owed under the four subcontracts went unpaid. On or about November 7, 2011, the plaintiff filed two mechanic's liens against the property, naming Victoria Towers as the owner, and seeking $59,500 for unpaid roofing work and $698,185 for unpaid sidewalk bridging, pipe, and electric scaffolding work. On or about January 18, 2012, Blue Diamond also filed a mechanic's lien against the property, naming both Victoria Towers and Wu Towers as owners, and seeking $5,325,557 for unpaid services, labor, and materials provided at the property. The plaintiff then filed a third mechanic's lien, on or about January 23, 2012, naming both Victoria Towers and Wu Towers as owners. In August 2012, Victoria Towers secured bonds from the defendant Westchester Fire Insurance Company (hereinafter Westchester Fire), as surety,
to discharge the plaintiff's roofing mechanic's lien and the plaintiff's piping, electrical, and sidewalk scaffolding mechanic's liens.
Following the commencement of this action, the...
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