Appellate Division of the Supreme Court of the State of New York June 22, 1995 (Highland Mechanical Industries, Inc. v. Herbert Construction Co.)

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered June 6,1994, to the extent that it denied the motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (5), unanimously affirmed, with costs.