Appellate Division of the Supreme Court of the State of New York April 20, 1995 (Clark v. Fox Meadow Builders, Inc.)

Casey, J.

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from that part of an order of the Supreme Court (Fredman, J.), entered May 24, *8831993 in Westchester County, which denied plaintiffs’ motion for summary judgment.