Matell Contracting Co. v. Fleetwood Park Development

*682In an action to foreclose a mechanic’s lien, the plaintiff appeals from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered April 18, 2012, which denied its motion for summary judgment on the complaint and dismissing the first, second, and fifth affirmative defenses asserted by the defendant Fleetwood Park Development, LLC.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiffs motion which was for summary judgment dismissing the fifth affirmative defense asserted by the defendant Fleetwood Park…