On March 09, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Biltwel General Contractor Corp.,
and
Arch Insurance Company,
D&K Construction Co., Inc.,
New York City Department Of Environmental Protection,
for Commercial - Contract
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 03/12/2020 05:53 PM INDEX NO. 703668/2018
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 03/12/2020
SUPREME COURT OF THE STATE OF NEW YORK
COIINTY OF QUEENS
BILTWEL GENERAL CONTRACTOR CORP.,
Plaintiff, NOTICE OF MOTION FOR
SUMMARY JUDGMENT
-agarnst-
Index No. 70366812018
D&K CONSTRUCTION CO.,INC., NEW YORK CITY
DEPARTMENT OF ENVIRONMENTAL PROTECTION,
ARCH INSURANCE COMPANY,
Defendants.
PLEASE TAKE NOTICE that upon the accompanying affidavit of Eric Perfetti, sworn
to on March 12,2020, and the Affidavit of Shenneth King, sworn to on March 12,2020, and
exhibits annexed thereto, and the memorandum of law submitted herewith, and upon all prior
pleadings and proceedings had herein, defendant The New York City Department of
Environmental Protection, ("DEP"), by its attorney, JAMES E. JOHNSON, Corporation Counsel
of the City of New York, will move this Court at Motion Supporl Part, at the Courthouse located
in Part 37 at 89-17 Sutphin Boulevard, Queens, New York, Room 3 01 , on the 27th day of April,
2020 at 9:30 o'clock in the forenoon, or as soon thereafter as counsel may be heard, for an Order
granting summary judgment pursuant to New York Civil Practice Law and Rules ("CPLR") $
3272,ot"t the grounds that Plaintiff Biltwel General Contractor Corp. did not properly file a public
improvement lien with the New York City Department of Finance, as is required under New
York Lien Law ("Lien Law") $12 and therefore no lien exists upon which Biltwel can foreclose.
1 of 2
FILED: QUEENS COUNTY CLERK 03/12/2020 05:53 PM INDEX NO. 703668/2018
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 03/12/2020
PLEASE TAKE FURTHER NOTICE that pursuant to CLPR 2214(b),
answering papers, ifany, must be served no later than seven days prior to the return date of this
Motion.
Dated: New York, New York
March 12,2020
JAMES E. JOHNSON
Corporation Counsel of the City of New York
Attorney for New York City Depaftment of
Environmental Protection
100 Church Street, WS 3-114a
New York, New York 10007
(212) 3s6-2s26
BY: ERIC PERFETTI
Student Le gal Speci al ist
Certified Pursuant to 22 NYCRR $130-1.1a
LES
Assistant Corporation Counsel
To: KING & KING LLL
Attorneys for the Plaintiff
629 Fifrh Avenue - Suite 113
Pelham, N.Y. 10803
914-380-5970
HEDINGER & LAWLESS
Attornevs for Defendant D&K
3o Wali Street, 8th Floor
New York, NY 10005-2205
212-751-2984
2
2 of 2
Document Filed Date
March 12, 2020
Case Filing Date
March 09, 2018
Category
Commercial - Contract
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FILED: QUEENS COUNTY CLERK 03/12/2020 05:53 PM INDEX NO. 703668/2018 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 03/12/2020 SUPREME COURT OF THE STATE OF NEW YORK COIINTY OF QUEENS BILTWEL GENERAL CONTRACTOR CORP., Plaintiff, NOTICE OF MOTION FOR SUMMARY JUDGMENT -agarnst- Index No. 70366812018 D&K CONSTRUCTION CO.,INC., NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION, ARCH INSURANCE COMPANY, Defendants. PLEASE TAKE NOTICE that upon the accompanying affidavit of Eric Perfetti, sworn to on March 12,2020, and the Affidavit of Shenneth King, sworn to on March 12,2020, and exhibits annexed thereto, and the memorandum of law submitted herewith, and upon all prior pleadings and proceedings had herein, defendant The New York City Department of Environmental Protection, ("DEP"), by its attorney, JAMES E. JOHNSON, Corporation Counsel of the City of New York, will move this Court at Motion Supporl Part, at the Courthouse located in Part 37 at 89-17 Sutphin Boulevard, Queens, New York, Room 3 01 , on the 27th day of April, 2020 at 9:30 o'clock in the forenoon, or as soon thereafter as counsel may be heard, for an Order granting summary judgment pursuant to New York Civil Practice Law and Rules ("CPLR") $ 3272,ot"t the grounds that Plaintiff Biltwel General Contractor Corp. did not properly file a public improvement lien with the New York City Department of Finance, as is required under New York Lien Law ("Lien Law") $12 and therefore no lien exists upon which Biltwel can foreclose. 1 of 2 FILED: QUEENS COUNTY CLERK 03/12/2020 05:53 PM INDEX NO. 703668/2018 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 03/12/2020 PLEASE TAKE FURTHER NOTICE that pursuant to CLPR 2214(b), answering papers, ifany, must be served no later than seven days prior to the return date of this Motion. Dated: New York, New York March 12,2020 JAMES E. JOHNSON Corporation Counsel of the City of New York Attorney for New York City Depaftment of Environmental Protection 100 Church Street, WS 3-114a New York, New York 10007 (212) 3s6-2s26 BY: ERIC PERFETTI Student Le gal Speci al ist Certified Pursuant to 22 NYCRR $130-1.1a LES Assistant Corporation Counsel To: KING & KING LLL Attorneys for the Plaintiff 629 Fifrh Avenue - Suite 113 Pelham, N.Y. 10803 914-380-5970 HEDINGER & LAWLESS Attornevs for Defendant D&K 3o Wali Street, 8th Floor New York, NY 10005-2205 212-751-2984 2 2 of 2