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Court of Appeals of New York


Sue/Perior Concrete & Paving, Inc. v. Lewiston Golf Course Corporation, 196

In this foreclosure action brought against defendant corporation with respect to plaintiff's mechanic's lien, defendant is an indirect, wholly owned subsidiary of a federally recognized Indian tribe. Denial of defendants' motion to dismiss the complaint pursuant to CPLR 3211 is affirmed, where, applying the factors set out in Matter of Ransom v. St. Regis Mohawk Educ. & Community Fund, the corporation is not protected from suit by the parent Indian tribe's sovereign immunity.

Appellate Information

  • Decided 11/25/2014
  • Published 11/25/2014

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  • Court of Appeals of New York

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