Appellate Division of the Supreme Court of the State of New York February 14, 1995 (Westbury S & S Concrete, Inc. v. Manshul Construction Corp.)

—In an action to recover damages for breach of contract and to foreclose a mechanic’s lien, the plaintiff appeals from so much of a judgment of the Supreme Court, Nassau County (Velsor, J.H.O.), dated June 18, 1992, which, after a nonjury trial, dismissed the complaint, and the defendant Manshul Construction Corp. cross-appeals from so much of the same judgment as dismissed its counterclaims.