Ordered that the order is affirmed, without costs or disbursements.
The plaintiff failed to make a showing of entitlement to judgment as a matter of law by tendering sufficient evidence to eliminate any material issue of fact with respect to the defendants' counterclaim pursuant to Lien Law § 39. Accordingly, the Supreme Court properly denied the motion with leave to renew upon the completion of discovery (see, CPLR 3212 [f]; see also, Winegrad v New...
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