DelVir, LLC v TRM Architecture, Design & Planning, P.C.
2014 NY Slip Op 00821 [114 AD3d 1181]
February 7, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 26, 2014


DelVir, LLC, Appellant, v TRM Architecture, Design & Planning, P.C., Respondent.

—[*1] The Knoer Group, PLLC, Buffalo (Chanel T. McCarthy of counsel), for plaintiff-appellant.

Lippes Mathias Wexler Friedman LLP, Buffalo (Mark Davis of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered October 10, 2011. The order denied the motion of plaintiff for, inter alia, summary judgment dismissing the counterclaims and declaring that defendant's mechanic's lien is void.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Centra, J.P., Peradotto, Lindley, Sconiers and Whalen, JJ.