Petitioner's motion to vacate respondent's mechanic's lien upon the ground that the lien had not been timely filed, was properly denied since issues of fact exist as to whether work performed at the subject premises within the statutory eight-month period was performed pursuant to the parties' contract, or constituted warranty or repair work, or new work outside the parties' contract (see, Lien Law § 10; Nelson v. Schrank, 273 A.D. 72; J. Adelman, Inc. v. Church Extension Comm. Of Presbytery of New York, 136 Misc. 810).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.