Order unanimously reversed, on the law, without costs, and motion denied.
Memorandum:
During the course of a bench trial in which plaintiff sought judgment to foreclose a mechanic's lien on a public improvement project and for damages, codefendants Robert F. Hyland & Sons, Inc. and Aetna Casualty and Surety Company moved for partial summary judgment on the cross claims of defendant Morin Building Products Company, Inc., pursuant to CPLR 4401, on the ground...
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