Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: It was error for Supreme Court to grant plaintiff partial summary judgment and to deny defendant's cross motion seeking dismissal of the second cause of action predicated on article 3-A of the Lien Law. Under the circumstances, we find that, in its course of dealing with Consolidated Edison (Con Ed), defendant acted as a "materialman" (Lien Law §...
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