C & D Rodriguez General Contracting, Inc. v. Gatell

—In two related actions which were, in effect, consolidated for trial, inter alia, to recover damages for goods sold and delivered and to foreclose a mechanic’s lien, the plaintiffs in both actions appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Rudolph, J.), entered August 29, 2001, as denied their motion for summary judgment in both actions, and granted that branch of the cross motion of Gustavo Gatell, Elba E. Gatell, and Gatell Properties, LLC, defendants in Action No. 2, which was to dismiss the complaint in Action No. 2 insofar as…