Appellate Division of the Supreme Court of the State of New York February 7, 2014 (Wm. B. Morse Lumber Co. v. North Ponds Apartments, LLC)

*1216Appeal from an order of the Supreme Court, Monroe County (David Michael Barry, J.), entered December 28, 2012. The order granted the motion of plaintiff for partial summary judgment seeking a determination that its mechanic’s lien is valid and has priority over the construction mortgage held by defendant New York Income Partners, LLC.