Appellate Division of the Supreme Court of the State of New York August 10, 1995 (Casey v. Masullo Bros. Builders, Inc.)

—Peters, J.

Appeal from an order of the Supreme Court (Dier, J.), entered June 1, 1994 in Warren County, which denied defendant’s motion for summary judgment dismissing the complaint.

On May 14, 1990, plaintiffs entered into a written purchase agreement with defendant for the purchase of a townhouse on a parcel of real property located in the Town of Queensbury, Warren County.