Opinion
Argued October 6, 1982
Decided November 9, 1982
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, LEONARD SCHOLNICK, J.
Pauline Levin Gold for appellant.
Paul Hollender for respondent.
Order reversed, with costs, and the mechanic's lien discharged for reasons stated in the concurring in part and dissenting in part opinion by former Justice JAMES D. HOPKINS at the Appellate Division ( 83 A.D.2d 444, 449-452).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER. Judges FUCHSBERG and MEYER dissent and vote to affirm for reasons stated in the opinion by Justice MOSES M. WEINSTEIN at the Appellate Division ( 83 A.D.2d 444; see, also, Department of Community Affairs Economic Dev. v Davis Sons, 412 A.2d 939 [Del]).