Opinion
April 15, 1994
Appeal from the Supreme Court, Oneida County, Tenney, J.
Present — Pine, J.P., Lawton, Fallon, Davis and Boehm, JJ.
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Because plaintiff's mechanic's lien had expired, Supreme Court erred in denying defendants' motion to dismiss plaintiff's first cause of action to foreclose that lien. Supreme Court properly denied, however, defendants' motion for summary judgment dismissing plaintiff's causes of action for breach of contract and quantum meruit because, accepting as true the evidence presented by plaintiff, there is at least arguably a triable issue (see, Hourigan v McGarry, 106 A.D.2d 845, appeal dismissed 65 N.Y.2d 637). Supreme Court's order is modified, therefore, to grant in part defendants' motion for summary judgment by dismissing plaintiff's first cause of action.