Avaho Industries, Inc. v. Le Sannom Building Corp.
Opinion of the Court
Order, Supreme Court, New York County (Karla Moskowitz, J.), entered November 1, 1990, which, inter alia, denied defendant-appellant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff, a subcontractor, brings this action to foreclose its mechanic’s lien for material and services. Defendant-appellant, the owner of the premises, moved for summary judgment pursuant to CPLR 3212, dismissing the complaint as against it, on the ground that plaintiff failed to meet a condition precedent to recovery on the underlying construction contract, since plaintiff had not installed the exhaust fans specified in
Case-law data current through December 31, 2025. Source: CourtListener bulk data.