Appellate Division of the Supreme Court of the State of New York January 20, 2000 (Ess & Vee Acoustical & Lathing Contractors, Inc. v. Prato Verde, Inc.)

—Judgment, Supreme Court, New York County (Beatrice Shainswit, J.), entered January 25, 1999, dismissing the complaint and bringing up for review an order, same court and Justice, entered December 4, 1998, which, inter alia, granted defendants’ motion for summary judgment dismissing the complaint, and discharged defendant Prato Verde’s bond, unanimously reversed, on the law, without costs, the