The moving party, Pruna, sought summary judgment to dismiss the claim against him, discharge a construction lien, and vacate a certificate of action.
The motion was dismissed due to multiple triable issues, including the supply and installation of paving stone, the commercial relationship between the plaintiff and co-defendant Lansbridge, the nature of Pruna's contractual relationship with Lansbridge, the amount of holdback, and the identification of the party with contractual liability.
The court found that summary judgment would not provide a fair and just adjudication, as credibility was a primary issue requiring oral evidence.
