Opinion
2002-10980.
Decided February 2, 2004.
In an action, inter alia, for a judgment declaring a notice of mechanic's lien void pursuant to Lien Law § 39, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Oliver, J.), entered November 14, 2002, which granted the motion of the defendant Warren Glazer for summary judgment dismissing the sixth cause of action in the amended complaint.
Herzfeld Rubin, P.C., New York, N.Y. (Herbert Rubin, David B. Hamm, and Linda M. Brown of counsel), for appellant.
Neufeld O'Leary, New York, N.Y. (Denis P. O'Leary and Tamar Finkelstein of counsel), for respondent and defendant Metro Construction Services, Inc.
Before: MYRIAM J. ALTMAN, J.P., BARRY A. COZIER, WILLIAM F. MASTRO and REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is denied, and the sixth cause of action in the amended complaint is reinstated.
The Supreme Court erred in granting the motion of the defendant Warren Glazer for summary judgment dismissing the sixth cause of action in the amended complaint ( see Greenway Plaza Office Park-1, LLC v. Metro Construction Services, Inc., A.D.3d [Appellate Division Docket No. 2002-11082, decided herewith]).
ALTMAN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.