Appellate Division of the Supreme Court of the State of New York January 16, 2007 (E.W. Howell Co. v. S.A.F. La Sala Corp.)

In an action, inter alia, to foreclose a mechanic’s lien and recover damages for breach of contract, the plaintiff, E.W Howell Co., Inc., and the defendant Federal Insurance Company appeal from (1) so much of an order of the Supreme Court, Nassau County (Fhelan, J.), entered July 28, 2005, as granted that *654branch of the motion of the defendant S.A.F. La Sala Corp.