Appellate Division of the Supreme Court of the State of New York July 31, 1997 (Cleveland Bros. Equipment Co. v. Alonzo, Inc.)

Spain, J.

Appeal from an order of the Supreme Court (Connor, J.), entered November 6, 1996 in Columbia County, which, inter alia, granted plaintiffs cross *870motion for summary judgment against defendants Dominick Dan Alonzo, Inc. and United States Fidelity and Guaranty Company.

In July 1993 plaintiff and defendant Merric Associates, Inc.