Velardi v. Lerman

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Because plaintiffs 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 AD2d 845,…