Appellate Division of the Supreme Court of the State of New York December 21, 2001 (Rutecki v. S.H. Gow & Co.)

Order *1067unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Although Supreme Court properly denied that part of defendants’ cross motion seeking summary judgment dismissing the second and third causes of action, it erred in granting plaintiffs’ motion seeking partial summary judgment on the issue of liability under the first cause