Chris Keefe Builders, Inc. v. Hazzard

*1600Appeal from an order of the Supreme Court, Chautauqua County (Timothy J. Walker, A.J.), entered January 16, 2009 in a mechanic’s lien foreclosure action. The order, among other things, denied plaintiffs motion for partial summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified in the exercise of discretion by granting the motion for leave to renew and, upon renewal, vacating the order compelling arbitration and denying that part of the motion seeking to remove the stay of enforcement of the arbitration award and as modified the order is affirmed without…