Order and judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting the motion of defendants John W. Cowper Company, Inc. (Cowper) and Buffalo Savings Bank for summary judgment dismissing plaintiff's complaint to foreclose a mechanic's lien. Defendants failed to submit proof in admissible form sufficient to demonstrate their entitlement to summary judgment as a matter of law...
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