Plaintiff's motion for summary or accelerated judgment (CPLR 3212; formerly Rules Civ. Prac., rule 113) is denied. The court is of the opinion that subdivision (f) of rule 3016 of the Civil Practice Law and Rules (formerly Civ. Prac. Act, § 255-a with minor changes) was never intended to apply to this action which is brought to foreclose a mechanic's lien resulting from an alleged breach of contract, despite the fact that the...
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