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Dynamic Sys. Inc. v. Skanska USA Bldg. Inc.

Subcontractor's Amended Complaint Moots Other Lienor Subcontractor's Motion to Intervene

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OPINION & ORDER Plaintiff Dynamic Systems, Inc. (“Dynamic”), a subcontractor for the public works project to build the Ambulatory Care Pavilion of the Westchester Medical Center in Valhalla, New York (the “Project”), commenced this diversity action against Defendant Skanska USA Building, Inc. (“Skanska”), the general contractor for the Project, alleging claims for breach of contract, quantum merit, and foreclosure of a public improvement lien. Presently pending before the Court is a motion from another subcontractor, West-Fair Electric Contractors, Inc. (“West-Fair”), wherein it seeks to intervene as a necessary party defendant and cross-claimant under Federal Rule of Civil Procedure 24 and New York Lien Law. (“Motion”, ECF No. 74.) For the following reasons, the Court DENIES West-Fair’s motion as MOOT. BACKGROUND On March 2016, Skanska entered into a written contract (the “Contract”) with the Westchester County Health Care Corporation (“WCHCC”) in which Skanska agreed to provide all labor and materials needed to accomplish the construction of the Project. (See Carlucci Aff., Ex. B. (“West-Fair Proposed Intervening Answer”)

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