It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion in part and dismissing the second counterclaim and the claims for counsel fees and punitive damages and as modified the order is affirmed without costs.
Memorandum:
Plaintiff commenced this action for judgment on a mechanic's lien after defendants allegedly failed to pay him in full under a time and materials contract for renovation...
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