Windjammer Homes, Inc. v. Lieberman

In an action, inter alia, to foreclose a mechanic’s lien and to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated October 15, 1999, which denied their motion for summary judgment dismissing the complaint and discharging the mechanic’s lien.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed, the mechanic’s lien is discharged, and the notice of mechanic’s lien and notice of pendency are vacated.

In December 1994 the plaintiff Windjammer Homes, Inc.…