Joe DeMartino Mason Contractors & Sons, Inc. v. Main Plaza Realty Co.

In an action, inter alia, to foreclose a mechanic’s lien, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Hart, J.), dated June 28, 2006, as granted the motion of the defendants Main Plaza Realty Co., Pat Pescatore, and Joseph Tanenbaum pursuant to CPLR 3126 to dismiss the complaint insofar as asserted against them.

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with one bill of costs payable by the respondents appearing separately and filing separate briefs, and the…