Appellate Division of the Supreme Court of the State of New York February 7, 2002 (Zandri Construction Corp. v. Wolfe)

—Mugglin, J.

Cross appeals from an order of the Supreme Court (Teresi, J.), entered June 22, 2001 in Albany County, which, in action No. 2, denied defendant’s motion for summary judgment dismissing the complaint and denied plaintiffs cross motion for summary judgment dismissing the first and third affirmative defenses.