Appellate Division of the Supreme Court of the State of New York July 3, 1997 (Thompson v. McCarthy)

Mercure, J.

Appeal from an order of the Supreme Court (Tait, Jr., J.), entered March 27, 1996 in Madison County, which, inter alia, denied defendant’s cross motion to dismiss the complaint.

In June 1995, plaintiffs commenced this action against defendant, a contractor, to recover for property damages they sustained as a result of defendant’s installation of a new roof on their home in 1992.