Appellate Division of the Supreme Court of the State of New York March 24, 2009 (Nathanson v. Tri-State Construction)

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered March 19, 2008, insofar as it granted defendants’ motion for summary judgment to the extent of dismissing the second, third, fourth and fifth causes of action asserted in the amended complaint, and denied plaintiffs’ cross motion for summary judgment, unanimously affirmed, without costs.