ALLIED LYNN ASSOCIATES INC v. ALEX BRO LLC (2006)

 Plaintiff, the plumbing and heating subcontractor on a construction project, commenced this action seeking, inter alia, to foreclose the mechanic's lien it filed after the owner of the property, defendant Alex Bro, LLC (Alex Bro), terminated Alex Bro's contract with the general contractor.   Supreme Court properly granted that part of plaintiff's motion seeking partial summary judgment on liability against Alex Bro. Contrary to the contention of Alex Bro, plaintiff submitted evidence establishing as a matter of law that the architect certified the date of substantial completion of the project pursuant to the terms of the contract between Alex Bro and the general contractor, and Alex Bro is bound by the architect's determination (see Savin Bros. v. State of New York, 62 A.D.2d 511, 516, 405 N.Y.S.2d 516, affd. 47 N.Y.2d 934, 419 N.Y.S.2d 969, 393 N.E.2d 1041;  H.M. Hughes Co. v. Sapphire Realty Co., 11 N.Y.2d 17, 18, 226 N.Y.S.2d 371, 181 N.E.2d 405, rearg. denied 11 N.Y.2d 888, 227 N.Y.S.2d 1025, 182 N.E.2d 415). Plaintiff also submitted evidence establishing as a matter of law that Alex Bro breached the contract by failing to comply with the provisions governing termination (see General Supply & Constr. Co. v. Goelet, 241 N.Y. 28, 34, 148 N.E. 778, mot. to amend remittitur granted 241 N.Y. 507, 150 N.E. 532;  MCK Bldg. Assoc. v. St. Lawrence Univ., 301 A.D.2d 726, 727-728, 754 N.Y.S.2d 397, lv. dismissed 99 N.Y.2d 651, 760 N.Y.S.2d 104, 790 N.E.2d 278), and Alex Bro failed to raise a triable issue of fact to defeat that part of plaintiff's motion for partial summary judgment on liability against it (see CPLR 3212 [b] ).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed with costs.

MEMORANDUM: