Rakus, Inc. v 3 Red G, LLC, Jane Vlodov, & Bob Levitt, (unpublished opinion, [Sup Ct., Kings Cty, 2011])
In this case, we represent the Defendants – the limited liability company owner of a commercial condominium and the members of that company.
The Plaintiff is a contractor who worked on the commercial condominium, claimed it was owed money and originally sued for breach of contract, foreclosure of a mechanic’s lien, breach of fiduciary duty, loss of business, loss of profits and unjust enrichment. Following a previous motion to dismiss, the only remaining claims by the Plaintiff were the breach of contract and the mechanic’s lien foreclosure claims.
The Plaintiff failed to file the necessary paperwork to maintain their mechanic’s lien, and when it expired, we made a motion for summary judgment to dismiss the mechanic’s lien.
The Kings County Supreme Court granted our motion and dismissed the mechanic’s lien leaving only the cause of action for breach of contract against the company, freeing up our clients real estate so they could sell or mortgage it.
You can read the order here.