Pino v Harnischfeger
2007 NY Slip Op 06082 [42 AD3d 985]
July 18, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 12, 2007


Filippo Pino et al., Respondents, v Kurt Harnischfeger, Also Known as Kurt H. Harnischfeger, Individually and Doing Business as Jacobson Development, Also Known as Jacobsen Development, Defendant, and DDS Engineers, LLP, Appellant. (Appeal No. 2.)

—[*1] Fix Spindelman Brovitz & Goldman, P.C., Fairport (Russell E. Maines of counsel), for defendant-appellant.

Williams & Williams, Rochester (Mitchell T. Williams of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered July 12, 2006. The order, among other things, granted that part of plaintiffs' motion to vacate and cancel the mechanic's lien filed by defendant DDS Engineers, LLP and directed the County Clerk to vacate and cancel that lien.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Same memorandum as in Pino v Harnischfeger (42 AD3d 980 [2007]). Present—Gorski, J.P., Smith, Centra, Lunn and Fahey, JJ.