Opinion
October 26, 1998
Appeal from the Supreme Court, Kings County (Kramer, J.).
Ordered that the order is affirmed, with costs.
The submission of the defendant Hampshire Arms Owners Corp., which included, inter alia, probative documentary evidence, demonstrated as a matter of law that it was not liable to the plaintiff for work performed at 601 East 19th Street in Brooklyn. Moreover, the third cause of action which, inter alia, sought to establish a trust fund in the sum of $112,849 pursuant to Lien Law article 3-A, was properly dismissed for failure to state a cause of action.
Mangano, P. J., Joy, Friedmann and Goldstein, JJ., concur.