Orchard Hotel, LLC, Plaintiffv.D.A.B. Group LLC, Orchard Construction LLC, Flintlock Construction Services, LLC, JJK Mechanical Inc., Edward Mills & Associates, Architects PC, Casino Development Group, Inc., Citywide Construction Works Inc., Empire Transit Mix Inc., Marjam Supply Co., Inc., Rotavele Elevator Inc., SMK Associates Inc., FJF Electrical Co. Inc., City of New York, New York State Department of Taxation and Finance, Leonard B. Johnson, City of New York Environmental Control Board, Brooklyn Federal Savings Bank, State Bank of Texas, John Doe # 1 Through John Doe # 100, the last 100 names being fictitious and unknown to plaintiff, the persons, or parties intended being the tenants, occupants, persons, or corporations, if any, having or claiming an interest in or lien upon the premises described in the complaint, Defendants For the purposes of this disposition, motion sequence nos. 011, 014, and 020 are consolidated herein. In motion sequence no. 011, defendant Brooklyn Federal Savings Bank (BFSB) moves to dismiss the verified amended answer, with cross-claims and counterclaims (the Answer) of defendant Flintlock Construction Services, LLC (Flintlock) pursuant to CPLR 3211(a)(1) and 3211(a)(7). In motion sequence no. 014, plaintiff Orchard Hotel, LLC (Orchard) moves to dismiss the Answer pursuant to CPLR 3211(a)(1) and 3211(a)(7). In motion sequence no. 020, Flintlock moves for an order of attachment against Orchard pursuant to CPLR 6212(a) and requests pre-judgment interest pursuant to CPLR 5001(a). For the reasons set forth below, the Court grants Orchard’s motion to dismiss, partially grants BFSB’s motion to dismiss, and denies Flintlock’s motion for an order of attachment and pre-judgment interest.BackgroundFlintlock is a domestic limited liability company organized under the laws of the state of New York with its principal place of business in New York (Answer,32). Flintlock is in the construction business (Id., at79).At all relevant times, BFSB was a savings bank authorized to do business in New York (Marsh Aff.,5).D.A.B. Group LLC (DAB), which is no longer a party to this action, is a New York limited liability company (Answer,
33-34). DAB owned the property located at 139-141 Orchard Street in New York (the Property) until May 10, 2016, when the Property was sold to a third party to this action (Id.; DeCapua Aff.,