Builders Mechanic Co. v. Claiborne

—In an action, inter alia, to foreclose a mechanic’s lien, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Shaw, J.), dated August 10, 1998, as granted the defendant’s motion pursuant to CPLR 3216 to dismiss the complaint and vacate the mechanic’s lien.

Ordered that the order is affirmed insofar as appealed from, with costs.

“In order to avoid a default, a plaintiff served with a 90 day notice pursuant to CPLR 3216 must comply either by timely filing a note of issue or moving for an extension of time within which to comply pursuant to…