Pontos Renovation Inc. v. Kitano Arms Corp.

—Order, Supreme Court, New York County (Lewis R. Friedman, J.), entered March 10, 1993 which summarily vacated the plaintiff’s mechanic’s lien, unanimously reversed, on the law, the lien reinstated, and the matter is remanded for further proceedings, with costs and disbursements.

The trial court concluded that the dispositive issue on the motion was "whether the owner, Kitano, consented to plaintiff’s work on the project”. Apart from the fact that the evidence presented to the trial court merely raises an issue of fact as to whether such consent was given, it is clear that the issue, in any…