Judgment unanimously reversed on the law and facts with costs and complaint dismissed. Same Memorandum as in Philan Dept. of the Borden Co. v. Foster-Lipkins Corp., 39 A D 2d 633. (Appeal from judgment of Monroe Trial Term in action to foreclose mechanic’s lien.) Present—Del Vecchio, J. P., Marsh, Gahrielli, Moule and Cardamone, JJ.