| Liberty Doorworks, Inc. v Baranello |
| 2011 NY Slip Op 03554 [83 AD3d 1011] |
| April 26, 2011 |
| Appellate Division, Second Department |
| Liberty Doorworks, Inc., Respondent, v Steven Baranelloet al., Defendants, and St. Phillip Neri RC Church, Appellant. (Action No. 1.) Apollo HVACCorp., Respondent, v Baranello Organization, Inc., et al., Defendants, and St. Phillip Neri RCChurch, Appellant. (Action No. 2.) |
—[*1] Rayano & Garabedian, P.C., Central Islip, N.Y. (Michael Garabedian of counsel), forrespondent Apollo HVAC Corp.
In an action, inter alia, to enforce a trust pursuant to article 3-A of the Lien Law (action No.1), and a related action, among other things, to enforce a mechanic's lien (action No. 2), St.Phillip Neri RC Church, a defendant in both actions, appeals, as limited by its brief, from somuch of an order of the Supreme Court, Suffolk County (Costello, J.), dated January 20, 2010, asdenied, without prejudice to renewal, its motion, in effect, for summary judgment dismissing thecomplaint in both actions insofar as asserted against it and vacating certain mechanic's liens onits property.
Ordered that the order is affirmed insofar as appealed from, with costs to the respondentApollo HVAC Corp.
The Supreme Court properly denied the appellant's motion for summary judgment dismissingthe complaint insofar as asserted against it and vacating certain mechanic's liens on its propertywithout prejudice to renewal. The appellant failed to include a complete set of the pleadings insupport of its motion for summary judgment as required by CPLR 3212 (b) (see Thompson v Foreign Cars Ctr.,Inc., 40 AD3d 965 [2007]; Matsyuk v Konkalipos, 35 AD3d 675 [2006]; Wider v Heller, 24 AD3d 433, 434[2005]; Sted Tenants Owners Corp. vChumpitaz, 5 AD3d 663 [2004]).
The appellant's remaining contention is without merit. Skelos, J.P., Balkin, Leventhal andSgroi, JJ., concur.