Appellate Division of the Supreme Court of the State of New York March 6, 1997 (Stephen v. Sico, Inc.)

Carpinello, J.

Appeal from an order of the Supreme Court (Keniry, J.), entered January 5, 1996 in Saratoga County, which granted third-party defendant’s motion for summary judgment dismissing the third-party complaint.

In May 1990, plaintiff Jerald V. Stephen, Sr.