[U] Bni Construction

The plaintiff (BNI Construction, Inc, hereinafter BNI), by its president and one-third shareholder, Abukarriem Shabazz, has moved by way of Order to Show Cause, dated October 27, 2004, to cancel two mechanic liens filed by the defendant (hereinafter Mr. Abdul Rahim), who is an additional one-third shareholder of the plaintiff corporation, and to restrain him from filing any additional mechanic liens on behalf of BNI. Contrary to the assertions made in the subject mechanic's liens of 9/21/04 and 10/12/04, Mr. Shabazz maintains that Mr. Abdul-Rahim is not the sole shareholder, incorporator, and director of the plaintiff corporation, and that BNI is not owed three million, two-hundred thousand ($3,200,000.00) dollars by BFC Construction Corp. (Hereinafter BFC) with which it had entered into an agreement "to act as a general contractor at a project known as The Crown Heights NPR Associates LP[,] located in Brooklyn." Mr. Shabazz asserts that BNI has been paid approximately 3 million ($3,000,000.00) dollars on said job and is presently owed less than two-hundred thousand ($200,000.00) dollars, which is being paid on a regular basis. Ms. Gloria Butler, the Secretary/Treasurer and final one-third shareholder of BNI, in her affidavit in support of the foregoing request, notes that Mr. Abdul-Rahim is not an officer or board of directors member of BNI, and is ". . .not involved whatsoever with the daily running of BNI Construction, Inc. although he is a 1/3 shareholder. . . .has not been to the offices of BNI Construction, Inc. to work for several months nor has been on the job site which the mechanic's lien filed relates to." Ms. Lorena Robinson-Saeed, President of Lorshel, Inc. and project manager on the subject job on behalf of BFC, further corroborated the representations made by Mr. Shabazz and Ms. Butler.