David Grill victorious in Altman v. HEEA Development, LLC et al.January 1, 2012 |
Congrats to David Grill , who obtained the dismissal of the complaint filed in Altman v. HEEA Development, LLC et al, a $2,000,000 Lien Law Trust Diversion Action venued in NY Cty Sup. Ct. Commercial Div.
In this lawsuit the sole cause of action asserted by the owner against the contractor and its members (collectively, the “Defendants”) is that the Defendants violated the trust fund provisions in Article 3-A of the New York Lien Law (“Lien Law) in conjunction with construction of the subject condominium unit. Mr. Grill was able to convince the Court that the action should be dismissed because: (1) Plaintiff commenced this action after the one (1) year statute of limitations expired; and (2) Plaintiff lacked standing to maintain this action because he was not a defined trust “beneficiary” under the Lien Law § 71(4) and only defined trust fund beneficiaries have standing to assert diversion claims pursuant to the Lien Law.
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