Appellate Division of the Supreme Court of the State of New York April 3, 2000 (Board of Managers of Society Hill II at Westchester Condominium Ass'n v. K. Hovnanian Companies of New York, Inc.)

—In an action, *389inter alia, to recover damages for fraud and misrepresentation, the plaintiff appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered December 22, 1998, which, after a hearing, granted that branch of the motion of the defendants Dolph Rotfeld and Dolph Rotfeld Engineering, P. C.