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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 236 (N.Y. Sup. Ct., New York County Apr. 10, 2018)
of, containers, use on the Building, shall Contractor in accordance vessels equipment or other remain shall such items cause with all applicable supplied by of the property to be removed codes and laws, shall have remedies, resolve,
or after litigation and before event, of said the amount costs any other reimburse Owner with settlement, along attorneys' fees and disbursements reasonable without limitation, as a defense that there was no legal the fact and shall not offer sums.
expressly its services areas where of its workers conditions the safety enacted and hereinafter to comply with performed, responsibility including 1970 and Health Act the Occupational and provisions under requirements
Contractor also areas where workers and work the Owner Indemnified Parties from any and hold harmless damage, claim, by OSHA governmental penalties levied or any other liability, fines, and understands and the work current all and solely will be or s of loss, cost, authority, ia I ail c3rd Yea:t- I'rojcvl ll)c rl4sl fees and expenses, legal including or other arising regulatory proceeding hereunder in accordance be performed special standards requirements.
or which out with it might of any by reason incur to perform of a failure the work, requirement or provision any law suit, action, and services labor of OSHA or Owner to s Contractor supplier shall
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 236 (N.Y. Sup. Ct., New York County Apr. 10, 2018)
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 196 (N.Y. Sup. Ct., New York County Sep. 18, 2017)
H & L IRONWORKS CORP, on behalf of itself and on behalf of all persons entitled to share in the funds received by McGovern & Company LLC in connection with a project identified as 10 East 53rd Street, New York, New York, Index No.: 153853/2016 Plaintiff, -against~
DANIEL G. MCGOVERN, and “JOHN DOE NO.1” through “JOHN DOE NO. 10”, defendants being fictitious and unknown to plaintiff but intended to be parties liable for the diversion of trust funds pursuant to Article 3-A of the Lien Law, Defendants.
_____________________________________________________________________x Meng Cheng, being an attorney at law, duly licensed to practice law in the Courts of the State of New York, and the attorneys of record for the defendants, MCGOVERN & COMPANY, LLC and DANIEL G. MCGOVERN, in the above-entitled action, affirms under the penalties of perjury, pursuant to CPLR § 2106 as follows:
Based upon the arguments set forth in detail in the Affidavit of MCGOVERN, Affirmation, Memorandum of Law in defendants’ cross motion paper incorporated FILED: NEW YORK COUNTY CLERK 09m2017 04:25 PM RaCaIVaD VYSCEF: 09/18/2017
herein, the plaintiff is not entitled to partial summary judgment against MCGOVERN & COMPANY LLC and DANIEL G. MCGOVERN under the Article 3A claims and other relief in its motion, thus it is respectfully submitted the plaintiff’s motion be denied in all respects.
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 196 (N.Y. Sup. Ct., New York County Sep. 18, 2017)
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 203 (N.Y. Sup. Ct., New York County Sep. 18, 2017)
Deny the allegations contained in paragraphs 37 through 45 of the Complaint, except admit that McGovern & Co. received certain funds and refer to the Lien Law.
Plaintiff‘s claims are subject to set—off, recoupment, and/or reduction to the extent that amounts may be due and owing from Plaintiff for costs, expenses, credits, and/or back- charges incurred by and/or charged against McGovern in connection with Plaintiff‘s performance, provision, and/or failure to perform/provide the services, labor, and/or equipment which Plaintiff subcontracted with McGovern to perform.
Defendants reserve their right to amend this Answer to assert additional affirmative defenses on the completion of their investigation and discovery herein.
Cermele & Wood, LLP Attorneysfor Plaintiff 2 Westchester Park Drive, Suite 205 White Plains, New York 10604 hbdoczc/mcgovem-hdtl.
The grounds of my belief as to all matters not stated upon my knowledge is as follows: invoices, correspondence, books, records, statements and -versations with employees of defendant.
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 203 (N.Y. Sup. Ct., New York County Sep. 18, 2017)
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 42 (N.Y. Sup. Ct., New York County Jun. 21, 2016)
engineers‘, consultants’ and other experts’ fees and disbursements incurred or payable to determine, review, approve, consent or to monitor the requirements for compliance with Environmental Regulations, including, without limitation, above and below ground testing.
(vi) reasonable evidence that the Work will not be completed within the contract time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay.
authorized me to make this affidavit, to enter into the agreements and to grant the claim and lien waivers herein set forth, on its behalf and as its acts and deeds, and all the recitations herein are true and correct.
General Contractor does hereby waive and release, to the fullest extent of the law, any and all liens, claims, rights and interests (whether choate or inchoate and including, without limitation.
During the entire term that the Agreement is in effect and until the Work is Finally Completed, Contractor shall secure, maintain and pay the premiums on the following policies of insurance: Worker's Compensation and Employer's Liability in the amounts required by New
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 42 (N.Y. Sup. Ct., New York County Jun. 21, 2016)
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 247 (N.Y. Sup. Ct., New York County Apr. 10, 2018)
through 10", being to be those to plaintiff but unknown intended fictitious and upon the an interest in or or claiming lien parties having 53rd New New York, known as 10 East improvement Street, 1"
and York, and to plaintiff fictitious unknown defendants 10", being of to be those for the diversion intended parties Lien to Article the funds pursuant liable of
Defendant paid McGovern for all requisitioned amounts during the time period at deposited issue under the mechanic's lien by numerous checks.
Defendant paid McGovern for requisitioned amounts during the time period at issue under the mechanic's lien by numerous checks, with the exception of the $25,880.00 Payment Application No. 7 which is held as retainage.
Defendant paid McGovern for all requisitioned amounts during the time period at issue under the mechanic's lien numerous checks.
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 247 (N.Y. Sup. Ct., New York County Apr. 10, 2018)
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 257 (N.Y. Sup. Ct., New York County Apr. 10, 2018)
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 257 (N.Y. Sup. Ct., New York County Apr. 10, 2018)
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 253 (N.Y. Sup. Ct., New York County Apr. 10, 2018)
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 253 (N.Y. Sup. Ct., New York County Apr. 10, 2018)
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 222 (N.Y. Sup. Ct., New York County Sep. 25, 2017)
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 222 (N.Y. Sup. Ct., New York County Sep. 25, 2017)
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 218 (N.Y. Sup. Ct., New York County Sep. 25, 2017)
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 218 (N.Y. Sup. Ct., New York County Sep. 25, 2017)
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 184 (N.Y. Sup. Ct., New York County May. 2, 2017)
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 184 (N.Y. Sup. Ct., New York County May. 2, 2017)
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 72 (N.Y. Sup. Ct., New York County Aug. 10, 2016)
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 72 (N.Y. Sup. Ct., New York County Aug. 10, 2016)
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 68 (N.Y. Sup. Ct., New York County Aug. 3, 2016)
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 68 (N.Y. Sup. Ct., New York County Aug. 3, 2016)
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 46 (N.Y. Sup. Ct., New York County Jun. 21, 2016)
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 46 (N.Y. Sup. Ct., New York County Jun. 21, 2016)
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 22 (N.Y. Sup. Ct., New York County Jun. 20, 2016)
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 22 (N.Y. Sup. Ct., New York County Jun. 20, 2016)
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 260 (N.Y. Sup. Ct., New York County May. 15, 2018)
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H&L Ironworks Corp. v. McGovern & Company, LLC et al, 153853/2016, 260 (N.Y. Sup. Ct., New York County May. 15, 2018)
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