Opinion
February 2, 1990
Appeal from the Supreme Court, Oneida County, Grow, J.
Present — Dillon, P.J., Callahan, Pine, Balio and Davis, JJ.
Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Supreme Court correctly concluded that issues of fact exist with respect to whether the materials and equipment supplied and installed in the restaurant and bar operated by defendant's lessee corporation constitute "permanent improvements" to defendant's real property within the meaning of the Lien Law (see, Lien Law § 2; § 3). The order appealed from, however, is modified to the extent of deleting therefrom the second decretal paragraph. Whether plaintiff has a valid mechanic's lien and the amount of such lien can be determined only after a plenary trial.