J. B. Cieri Construction Co. v. Gramercy Construction Corp.

Order unanimously reversed on the law, without costs of this appeal to any party and defendants' motion for partial summary judgment granted, without costs, in accordance with the memorandum. Memorandum: This is an appeal from a denial of a motion for partial summary judgment. The defendant Gramerey seeks a dismissal of the complaint pursuant to rule 114 of the Rules of Civil Practice to the extent that it seeks foreclosure of a mechanic’s lien and also moves to sever to the extent *902that the complaint seeks a money judgment and to permit the action to continue for money damages only. The…