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CLIFFORD BROMAN & SON, INC. v. TOWN OF BABYLON

222 A.D.2d 643 (1995)

635 N.Y.S.2d 698

Clifford Broman & Son, Inc., Appellant, v. Town of Babylon et al., Respondents, et al., Defendant

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

December 29, 1995

Ordered that the order is affirmed, with costs.

The plaintiff's lien was valid only as to any amount still due and unpaid to the subcontractor, Yellowstone Equipment Inc. (see, Ace Contr. Co. v Garfield & Arma Assocs., 148 Misc.2d 475, 477). Since a triable issue of fact exists as to whether the subcontractor was owed any money at the time the plaintiff's lien was filed, the plaintiff's motion for summary judgment...

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