Appellate Division of the Supreme Court of the State of New York October 30, 2003 (Skyway Roofing, Inc. v. Rondout Valley Central School District)

Rose, J.

Appeal from an order of the Supreme Court (Kavanagh, J.), entered April 24, 2002 in Ulster County, which granted plaintiffs motion for summary judgment dismissing defendants’ counterclaim.

Defendant Rondout Valley Central School District (hereinafter the District) contracted with plaintiff to perform roof construction at two of the District’s school buildings.