S.L. Euro Contracting, Ltd. v. Bid Interior Construction, Inc.

Order and judgment (one paper), Supreme Court, New York County (Diane Lebedeff, J.), entered November 19, 1993, which, in an action to foreclose a mechanics’ lien, awarded plaintiff partial summary judgment on its course of action for "profits”, unanimously affirmed, with costs.

While the exact nature of the parties’ business relationship remains to be determined, there is no dispute that they were to share profits equally and that a definite amount of money was owing to plaintiff. Absent an agreement deferring payment of uncollected moneys for services rendered, or a genuine issue casting…