Tully Construction Company, Inc. v. United Minerals, Inc.

—Spain, J.

Appeal from an order of the Supreme Court (Harris, J.), entered December 22, 1994 in Albany County, which, inter alia, granted petitioner’s application pursuant to Lien Law § 21-a to vacate and discharge a mechanic’s lien filed by respondent.

Respondent sold approximately 7,000 tons of limestone to R&S Concrete and Paving, Inc. at a cost of $57,746.98. When R&S failed to pay for the stone, respondent investigated its claim and determined that R&S had delivered the stone to a construction site where petitioner was the general contractor. Respondent filed a mechanic’s lien pursuant to…