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D. M. I. PAINTING, INC. v. E. LONG ISLAND HOSP.

74 A.D.2d 838 (1980)

D. M. I. Painting, Inc., Respondent, v. Eastern Long Island Hospital, Appellant, and Tri-Mar Contractors, Inc., Respondent, et al., Defendant. (Action No. 1.) Itco Drywall, Inc., Plaintiff, v. Eastern Long Island Hospital Association, Appellant, and Tri-Mar Contractors, Inc., Respondent, et al., Defendants. (Action No. 2.) Macedos' Concrete Corp., Plaintiff, v. Tri-Mar Contractors, Inc., Respondent, and Eastern Long Island Hospital Association, Inc., Appellant, et al., Defendants. (Action No. 3.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 10, 1980

Order modified, on the law, by adding thereto, immediately after the provision denying the motion, the following: "except that the motion is granted to the extent that the second cause of action asserted in Action No. 1 is dismissed unless plaintiff, D.M.I. Painting, Inc., serves an amended summons and complaint to include as parties defendant all of the lienors required to be joined under section 44 of the Lien Law." As so modified, order affirmed, with $50 costs and disbursements...

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