Appellate Division of the Supreme Court of the State of New York January 5, 1995 (Warren v. Wilmorite, Inc.)

Peters, J.

Appeal from an order of the Supreme Court (Lynch, J.), entered January 28, 1994 in Schenectady County, which denied a motion by defendant Fay’s Incorporated for summary judgment dismissing the complaint and all cross claims against it and denied a cross motion by defendant Stop & Shop Companies, Inc. for summary judgment on its cross claim against defendant Fay’s Incorporated.