Appellate Division of the Supreme Court of the State of New York June 8, 2001, Appeal No. 2 (Kelsey v. A & A Metal Fabricating, Inc.)

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied that part of plaintiffs cross motion seeking to dismiss the second counterclaim asserted by defendant A & A Metal Fabricating, Inc. (A & A). Plaintiff, individually and as president of A & A, entered into a stock purchase agreement pursuant to which defendant Warren Industries, Inc.