JDS Constr. Group LLC v Copper Servs., LLC 2025 NY Slip Op 33029(U) August 4, 2025 Supreme Court, New York County Docket Number: Index No. 656912/2020 Judge: Andrew Borrok Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. FILED: NEW YORK COUNTY CLERK 08/04/2025 04:50 PM INDEX NO. 656912/2020 NYSCEF DOC. NO. 805 RECEIVED NYSCEF: 08/04/2025
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 53 -----------------------------------------------------------------------------------X JDS CONSTRUCTION GROUP LLC, INDEX NO. 656912/2020
Plaintiff, 03/04/2025, 05/16/2025, -v- 05/16/2025, 06/16/2025, COPPER SERVICES, LLC,TALISMAN CASUALTY MOTION DATE 06/16/2025 INSURANCE COMPANY, LLC,111 WEST 57TH PROPERTY OWNER LLC,111 CONSTRUCTION 021 022 022 MANAGER LLC,MICHAEL STERN, KEVIN MALONEY MOTION SEQ. NO. 023 023 Defendant. DECISION + ORDER ON MOTION -----------------------------------------------------------------------------------X
HON. ANDREW BORROK:
The following e-filed documents, listed by NYSCEF document number (Motion 021) 695, 696, 697, 698, 699, 700, 701, 702, 703, 704, 706, 707, 708, 711, 712, 717, 719, 796, 797 were read on this motion to/for DISCHARGE/CANCEL MECHANICS LIEN .
The following e-filed documents, listed by NYSCEF document number (Motion 022) 736, 737, 738, 739, 740, 741, 742, 743, 778, 779, 780, 781, 782, 783, 784, 785, 786, 787, 788, 789, 790, 791, 792, 793, 794, 795 were read on this motion to/for QUASH SUBPOENA, FIX CONDITIONS .
The following e-filed documents, listed by NYSCEF document number (Motion 022) 736, 737, 738, 739, 740, 741, 742, 743, 778, 779, 780, 781, 782, 783, 784, 785, 786, 787, 788, 789, 790, 791, 792, 793, 794, 795 were read on this motion to/for QUASH SUBPOENA, FIX CONDITIONS .
The following e-filed documents, listed by NYSCEF document number (Motion 023) 744, 745, 746, 747, 748, 749, 750, 751, 752, 753, 754, 755, 756, 757, 758, 759, 760, 761, 762, 767, 768, 769, 770, 771, 772, 773, 774, 775, 776, 777 were read on this motion to/for DISCOVERY .
The following e-filed documents, listed by NYSCEF document number (Motion 023) 744, 745, 746, 747, 748, 749, 750, 751, 752, 753, 754, 755, 756, 757, 758, 759, 760, 761, 762, 767, 768, 769, 770, 771, 772, 773, 774, 775, 776, 777 were read on this motion to/for DISCOVERY .
656912/2020 JDS CONSTRUCTION GROUP LLC vs. COPPER SERVICES, LLC Page 1 of 5 Motion No. 021 022 022 023 023
1 of 5 [* 1] FILED: NEW YORK COUNTY CLERK 08/04/2025 04:50 PM INDEX NO. 656912/2020 NYSCEF DOC. NO. 805 RECEIVED NYSCEF: 08/04/2025
Upon the foregoing documents and for the reasons set forth on the record (tr. 8.4.2025), (i) JDS
Construction Group LLC, 111 West 57th Property Owner LLC, and 111 Construction Manager
LLC (collectively, JDS)’s motion (Mtn. Seq. No. 021) to vacate, cancel, and remove (x) the
mechanic’s liens (the Liens) filed by Copper Services, LLC (Copper) against the property at
111 W 57th Street, New York, New York, and (y) the Notice of Pendency (NYSCEF Doc. No.
636) is GRANTED, and (ii) Copper’s cross-motion for a stay of (x) the prior Decision and Order
of this Court, dated December 23, 2024 (the Prior Decision; NYSCEF Doc. Nos. 666 and 667),
and (y) all proceedings related to the instant motion is DENIED.
As discussed previously, the Notice of Pendency must be vacated because it has lapsed. This
issue is separate issue than that identified by the Appellate Division. In addition, CPLR 6514
mandates termination of the Liens under Lien Law §§ 17 and 19(2) (see Lien Law § 17; Madison
Lexington Venture v Thomas Crimmins Contr. Co., 159 AD2d 256, 257-258 [1st Dept 1990];
Noce v Kaufman, 2 NY2d 347, 351 [1957]).
JDS’s motion (Mtn. Seq. No. 022) to quash the Subpoenas Duces Tecum and Ad Testificandum
(the Subpoenas; NYSCEF Doc. Nos. 721-729 and 732-735) issued by Copper on certain non-
parties is DENIED as to the Subpoenas issued to (1) AIG Asset Management (U.S.) LLC
(NYSCEF Doc. No. 720), (2) the Variable Annuity Life Insurance Company (NYSCEF Doc. No.
721), (3) the United States Life Insurance Company in the City of New York (NYSCEF Doc.
No. 722), (4) National Union Fire Insurance Company of Pittsburgh, PA (NYSCEF Doc. No.
723), and (5) American General Life Insurance Company (collectively, the Lenders) (NYSCEF
Doc. No. 724) solely to the extent of the requisition request to which Copper indicates that it
656912/2020 JDS CONSTRUCTION GROUP LLC vs. COPPER SERVICES, LLC Page 2 of 5 Motion No. 021 022 022 023 023
2 of 5 [* 2] FILED: NEW YORK COUNTY CLERK 08/04/2025 04:50 PM INDEX NO. 656912/2020 NYSCEF DOC. NO. 805 RECEIVED NYSCEF: 08/04/2025
believes resulted in underpayment as identified by Affirmation of a principal of Copper within
20 days of this Decision and Order (i.e., August 24, 2025) explaining in detail on requisition
request by requisition request basis the amount that Copper believes was underpaid as to any
such requisition request and attaching any contemporaneous communications that was
exchanged between the parties as to disputed requisition request but is otherwise GRANTED in
its entirety.
However, the remaining Subpoenas are overbroad and seek discovery previously sought by
Copper’s surety, Talisman Casualty Insurance Company, LLC (Talisman) as overly burdensome
and not relevant to the issue of Owner Default (see JDS Constr. Group LLC v Copper Servs.,
LLC, 223 AD3d 588, 589 [1st Dept 2024]).
Copper’s motion (Mtn. Seq. No. 023) to (i) compel JDS to produce documents responsive to
Copper’s document demands (NYSSCEF Doc. No. 758), and (ii) extend the deadlines in the
Court’s Preliminary Conference Order, dated April 24, 2025 (NYSCEF Doc. No. 718) by 90
days is GRANTED to the extent that JDS must produce discovery regarding internal and external
communications that JDS had with others regarding the disputed requisition requests discussed
above within 30 days of receipt of the Affirmation discussed above.
Accordingly, it is hereby
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ORDERED that JDS’s motion (Mtn. Seq. No. 021) to vacate, cancel, and remove (x) the Liens
filed by Copper against the Property, and (y) the Notice of Pendency (NYSCEF Doc. No. 636) is
GRANTED; and it is further
ORDERED that the Notice of Pendency (NYSCEF Doc. No. 636), dated October 4, 2024, is
canceled; and it is further
ORDERED that Copper’s cross-motion (Mtn. Seq. No. 021) for a stay of (x) the Prior Decision,
and (y) all proceedings related to the instant motion is DENIED; and it is further
ORDERED that JDS’s motion (Mtn. Seq. No. 022) to quash the Subpoenas (NYSCEF Doc. Nos.
721-729 and 732-735) issued by Copper is GRANTED solely to the extent set forth herein; and it
is further
ORDERED that Copper’s motion (Mtn. Seq. No. 023) to (i) compel JDS to produce responsive
documents, and (ii) extend the deadlines in the Court’s Preliminary Conference Order by 90 days
is GRANTED solely to the extent set forth herein; and it is further
ORDERED that Copper shall provide JDS with an affirmation identifying the disputed
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JDS Constr. Group LLC v Copper Servs., LLC 2025 NY Slip Op 33029(U) August 4, 2025 Supreme Court, New York County Docket Number: Index No. 656912/2020 Judge: Andrew Borrok Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. FILED: NEW YORK COUNTY CLERK 08/04/2025 04:50 PM INDEX NO. 656912/2020 NYSCEF DOC. NO. 805 RECEIVED NYSCEF: 08/04/2025
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 53 -----------------------------------------------------------------------------------X JDS CONSTRUCTION GROUP LLC, INDEX NO. 656912/2020
Plaintiff, 03/04/2025, 05/16/2025, -v- 05/16/2025, 06/16/2025, COPPER SERVICES, LLC,TALISMAN CASUALTY MOTION DATE 06/16/2025 INSURANCE COMPANY, LLC,111 WEST 57TH PROPERTY OWNER LLC,111 CONSTRUCTION 021 022 022 MANAGER LLC,MICHAEL STERN, KEVIN MALONEY MOTION SEQ. NO. 023 023 Defendant. DECISION + ORDER ON MOTION -----------------------------------------------------------------------------------X
HON. ANDREW BORROK:
The following e-filed documents, listed by NYSCEF document number (Motion 021) 695, 696, 697, 698, 699, 700, 701, 702, 703, 704, 706, 707, 708, 711, 712, 717, 719, 796, 797 were read on this motion to/for DISCHARGE/CANCEL MECHANICS LIEN .
The following e-filed documents, listed by NYSCEF document number (Motion 022) 736, 737, 738, 739, 740, 741, 742, 743, 778, 779, 780, 781, 782, 783, 784, 785, 786, 787, 788, 789, 790, 791, 792, 793, 794, 795 were read on this motion to/for QUASH SUBPOENA, FIX CONDITIONS .
The following e-filed documents, listed by NYSCEF document number (Motion 022) 736, 737, 738, 739, 740, 741, 742, 743, 778, 779, 780, 781, 782, 783, 784, 785, 786, 787, 788, 789, 790, 791, 792, 793, 794, 795 were read on this motion to/for QUASH SUBPOENA, FIX CONDITIONS .
The following e-filed documents, listed by NYSCEF document number (Motion 023) 744, 745, 746, 747, 748, 749, 750, 751, 752, 753, 754, 755, 756, 757, 758, 759, 760, 761, 762, 767, 768, 769, 770, 771, 772, 773, 774, 775, 776, 777 were read on this motion to/for DISCOVERY .
The following e-filed documents, listed by NYSCEF document number (Motion 023) 744, 745, 746, 747, 748, 749, 750, 751, 752, 753, 754, 755, 756, 757, 758, 759, 760, 761, 762, 767, 768, 769, 770, 771, 772, 773, 774, 775, 776, 777 were read on this motion to/for DISCOVERY .
656912/2020 JDS CONSTRUCTION GROUP LLC vs. COPPER SERVICES, LLC Page 1 of 5 Motion No. 021 022 022 023 023
1 of 5 [* 1] FILED: NEW YORK COUNTY CLERK 08/04/2025 04:50 PM INDEX NO. 656912/2020 NYSCEF DOC. NO. 805 RECEIVED NYSCEF: 08/04/2025
Upon the foregoing documents and for the reasons set forth on the record (tr. 8.4.2025), (i) JDS
Construction Group LLC, 111 West 57th Property Owner LLC, and 111 Construction Manager
LLC (collectively, JDS)’s motion (Mtn. Seq. No. 021) to vacate, cancel, and remove (x) the
mechanic’s liens (the Liens) filed by Copper Services, LLC (Copper) against the property at
111 W 57th Street, New York, New York, and (y) the Notice of Pendency (NYSCEF Doc. No.
636) is GRANTED, and (ii) Copper’s cross-motion for a stay of (x) the prior Decision and Order
of this Court, dated December 23, 2024 (the Prior Decision; NYSCEF Doc. Nos. 666 and 667),
and (y) all proceedings related to the instant motion is DENIED.
As discussed previously, the Notice of Pendency must be vacated because it has lapsed. This
issue is separate issue than that identified by the Appellate Division. In addition, CPLR 6514
mandates termination of the Liens under Lien Law §§ 17 and 19(2) (see Lien Law § 17; Madison
Lexington Venture v Thomas Crimmins Contr. Co., 159 AD2d 256, 257-258 [1st Dept 1990];
Noce v Kaufman, 2 NY2d 347, 351 [1957]).
JDS’s motion (Mtn. Seq. No. 022) to quash the Subpoenas Duces Tecum and Ad Testificandum
(the Subpoenas; NYSCEF Doc. Nos. 721-729 and 732-735) issued by Copper on certain non-
parties is DENIED as to the Subpoenas issued to (1) AIG Asset Management (U.S.) LLC
(NYSCEF Doc. No. 720), (2) the Variable Annuity Life Insurance Company (NYSCEF Doc. No.
721), (3) the United States Life Insurance Company in the City of New York (NYSCEF Doc.
No. 722), (4) National Union Fire Insurance Company of Pittsburgh, PA (NYSCEF Doc. No.
723), and (5) American General Life Insurance Company (collectively, the Lenders) (NYSCEF
Doc. No. 724) solely to the extent of the requisition request to which Copper indicates that it
656912/2020 JDS CONSTRUCTION GROUP LLC vs. COPPER SERVICES, LLC Page 2 of 5 Motion No. 021 022 022 023 023
2 of 5 [* 2] FILED: NEW YORK COUNTY CLERK 08/04/2025 04:50 PM INDEX NO. 656912/2020 NYSCEF DOC. NO. 805 RECEIVED NYSCEF: 08/04/2025
believes resulted in underpayment as identified by Affirmation of a principal of Copper within
20 days of this Decision and Order (i.e., August 24, 2025) explaining in detail on requisition
request by requisition request basis the amount that Copper believes was underpaid as to any
such requisition request and attaching any contemporaneous communications that was
exchanged between the parties as to disputed requisition request but is otherwise GRANTED in
its entirety.
However, the remaining Subpoenas are overbroad and seek discovery previously sought by
Copper’s surety, Talisman Casualty Insurance Company, LLC (Talisman) as overly burdensome
and not relevant to the issue of Owner Default (see JDS Constr. Group LLC v Copper Servs.,
LLC, 223 AD3d 588, 589 [1st Dept 2024]).
Copper’s motion (Mtn. Seq. No. 023) to (i) compel JDS to produce documents responsive to
Copper’s document demands (NYSSCEF Doc. No. 758), and (ii) extend the deadlines in the
Court’s Preliminary Conference Order, dated April 24, 2025 (NYSCEF Doc. No. 718) by 90
days is GRANTED to the extent that JDS must produce discovery regarding internal and external
communications that JDS had with others regarding the disputed requisition requests discussed
above within 30 days of receipt of the Affirmation discussed above.
Accordingly, it is hereby
656912/2020 JDS CONSTRUCTION GROUP LLC vs. COPPER SERVICES, LLC Page 3 of 5 Motion No. 021 022 022 023 023
3 of 5 [* 3] FILED: NEW YORK COUNTY CLERK 08/04/2025 04:50 PM INDEX NO. 656912/2020 NYSCEF DOC. NO. 805 RECEIVED NYSCEF: 08/04/2025
ORDERED that JDS’s motion (Mtn. Seq. No. 021) to vacate, cancel, and remove (x) the Liens
filed by Copper against the Property, and (y) the Notice of Pendency (NYSCEF Doc. No. 636) is
GRANTED; and it is further
ORDERED that the Notice of Pendency (NYSCEF Doc. No. 636), dated October 4, 2024, is
canceled; and it is further
ORDERED that Copper’s cross-motion (Mtn. Seq. No. 021) for a stay of (x) the Prior Decision,
and (y) all proceedings related to the instant motion is DENIED; and it is further
ORDERED that JDS’s motion (Mtn. Seq. No. 022) to quash the Subpoenas (NYSCEF Doc. Nos.
721-729 and 732-735) issued by Copper is GRANTED solely to the extent set forth herein; and it
is further
ORDERED that Copper’s motion (Mtn. Seq. No. 023) to (i) compel JDS to produce responsive
documents, and (ii) extend the deadlines in the Court’s Preliminary Conference Order by 90 days
is GRANTED solely to the extent set forth herein; and it is further
ORDERED that Copper shall provide JDS with an affirmation identifying the disputed
requisition requests in accordance with the rulings set forth herein by August 24, 2025; and it is
further
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ORDERED that counsel for the moving party shall serve a copy of this order with notice of entry
upon the Clerk of the Court (60 Centre Street, Room 141B), who is directed to cancel the Notice
of Pendency; and it is further
ORDERED that such service upon the Clerk of the Court shall be made in accordance with the
procedures set forth in the Protocol on Courthouse and County Clerk Procedures for
Electronically Filed Cases (accessible at the “E-Filing” page on the court’s website at the
address www.nycourts.gov/supctmanh)]; and it is further
ORDERED that the parties are directed to order and upload a copy of the transcript (tr. 8.4.2025)
to NYSCEF, and the parties shall split the cost of said transcript.
8/4/2025 DATE ANDREW BORROK, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION
□ GRANTED DENIED X GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
□ CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
656912/2020 JDS CONSTRUCTION GROUP LLC vs. COPPER SERVICES, LLC Page 5 of 5 Motion No. 021 022 022 023 023
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