BI-COUNTY CONCRETE CORPORATION v. NEWMAN DEVELOPMENT GROUP, L. L. C.


264 A.D.2d 748 (1999)

695 N.Y.S.2d 700

BI-COUNTY CONCRETE CORPORATION, Appellant, v. NEWMAN DEVELOPMENT GROUP, L. L. C., et al., Respondents.

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

Decided September 20, 1999.


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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