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ECD NY, INC. v. BRITT REALTY LLC

504646/2014

47 Misc.3d 923 (2015)

7 N.Y.S.3d 861

ECD NY, INC., on Behalf of Itself and on Behalf of All Persons Entitled to Share in the Funds Received by BRITT REALTY LLC and Another, in Connection with a Project Identified as 247-255 NORTH 7TH STREET and 246-248 NORTH 8TH STREET, BROOKLYN, NEW YORK, Plaintiff, v. BRITT REALTY, LLC, et al., Defendants.

Supreme Court, Kings County.

Decided February 24, 2015.

Attorney(s) appearing for the Case

Harrington Ocko & Monk LLP, White Plains ( Michael R. Wood of counsel), for plaintiff.

Troutman Sanders LLP, New York City ( Ian Michael Forshner of counsel), for defendants.

OPINION OF THE COURT

Plaintiff ECD NY, Inc. moves for an order (i) permitting its fourth and fifth causes of action set forth in the complaint to be maintained as a class action; (ii) defining the class as "all beneficiaries of the Lien Law Article 3-A trust funds received by Britt Realty, LLC and North 7-8 Investors...

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