Opinion
2001-08480
Submitted May 6, 2002.
June 25, 2002.
In two related actions which were, in effect, consolidated for trial, inter alia, to recover damages for goods sold and delivered and to foreclose a mechanic's lien, the plaintiffs in both actions appeal, as limited by their brief, from so much an order of the Supreme Court, Westchester County (Rudolph, J.), entered August 29, 2001, as denied their motion for summary judgment in both actions, and granted that branch of the cross motion of Gustavo Gatell, Elba E. Gatell, and Gatell Properties, LLC, defendants in Action No. 2, which was to dismiss the complaint in Action No. 2 insofar as asserted against those defendants and to foreclose the mechanic's lien, and discharged the lien.
Kevin A. Stevens, Suffern, N.Y., for appellants in Action Nos. 1 and 2.
Stephens, Baroni, Reilly Lewis, LLP, White Plains, N.Y. (Stephen R. Lewis of counsel), for respondents in Action No. 1 and respondents Gustavo Gatell, Elba Gatell, and Gatell Properties, LLC, in Action No. 2.
Deren, Genett Macreery, P.C., Katonah, N.Y. (John Brian Macreery of counsel), for respondent Sleepy Hollow National Bank in Action No. 2.
Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, WILLIAM D. FRIEDMANN, DANIEL F. LUCIANO, JJ.
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.
The plaintiffs failed to demonstrate their prima facie entitlement to judgment as a matter of law in Action No. 1 (see Winegrad v. New York University Med. Ctr., 64 N.Y.2d 851; cf. Greenspan v. Amsterdam, 145 A.D.2d 535). Accordingly, the Supreme Court properly denied that branch of their motion which was for summary judgment in that action.
The Supreme Court also properly dismissed the complaint in Action No. 2 and discharged the mechanic's lien since the lien notice did not substantially comply with the provisions of the Lien Law (see Lien Law § 23; Advanced Alarm Technology v. Pavilion Associates, 145 A.D.2d 582; Diamond Architecturals v. EFCO Corp., 179 A.D.2d 420; Empire Pile Driving Corp. v. Hylan Sanitary Serv., 32 A.D.2d 563).
The plaintiffs' remaining contentions are without merit.
RITTER, J.P., KRAUSMAN, FRIEDMANN and LUCIANO, JJ., concur.