R & J Yorek, Inc. v. MCL Construction, Inc.

In an action, inter alia, to set aside two mortgages held by the defendants, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Burke, J.), entered April 6, 1989, as denied its motion for partial summary judgment on the first, second and third causes of action asserted in the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff contracted with the defendant MCL Construction, Inc. (hereinafter MCL) in February 1984 to construct an addition to its service station. The contract was subsequently modified to provide for…