Appellate Division of the Supreme Court of the State of New York October 1, 2002 (Niagara County ex rel. Niagara County Water District v. R&D Engineering, P.C.)

—Appeal from an order of Supreme Court, Niagara County (Fricano, J.), entered December 7, 2001, which denied plaintiffs motion seeking partial summary judgment on liability.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Defendant R&D Engineering, P.C.