Appellate Division of the Supreme Court of the State of New York April 16, 1998 (Hartford Fire Insurance v. Facilities Development Corp.)

—Peters, J.

Cross appeals from an order of the Supreme Court (Canfield, J.), entered January 27, 1997 in Albany County, which denied defendants’ motions and plaintiff’s cross motion for summary judgment.

On October 21, 1992, defendant Facilities Development *766Corporation (hereinafter FDC) entered into a written contract with defendant Rumore Construction Corp.