Appellate Division of the Supreme Court of the State of New York December 31, 1998 (Nowak v. Kiefer)

—Judgment and order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Defendant Elmar Kiefer contracted with defendant Tower Enterprises of W.N. Y., Inc. (Tower) for the construction of a single-family residence.