Appellate Division of the Supreme Court of the State of New York November 2, 2000 (CDS Recoveries, L. L. C. v. Davis)

Cardona, P. J.

Appeal from an order of the Supreme Court (Coutant, J.), entered December 21, 1999 in Broome County, which, inter alia, granted plaintiff’s motion for summary judgment.

In February 1982, defendant Nora M.E.