Appellate Division of the Supreme Court of the State of New York July 27, 1995 (Tri-North Builders, Inc. v. Di Donna)

Mikoll, J. P.

Appeal from an order of the Supreme Court (Canfield, J.), entered February 10, 1994 in Ulster County, which denied defendant Richard A. Di Donna’s motion for, inter alia, summary judgment dismissing the complaint against him.

On September 4,1991, defendant Richard A.