Ordered that the order is reversed insofar as appealed from, on the law, with costs, upon renewal, the determination denying the motion for summary judgment in the order dated September 10, 2002, is adhered to, and the complaint is reinstated.
The plaintiff commenced this action, inter alia, to foreclose a mechanic's lien filed against residential property owned by the defendant. Upon renewal, the Supreme Court granted the defendant's motion for summary judgment dismissing...
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