Ordered that the order is affirmed insofar as appealed from, with costs.
As the Supreme Court correctly found, there are issues of fact as to whether the parties' agreement was in effect in November 1990 when the defendants AARK Construction Corp. (hereinafter AARK) and Raymond Carlisle allegedly breached the agreement by filing their mechanic's lien without posting a $300,000 bond. The agreement expressly provided in Subparagraph 3 (e) that its prohibition against...
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