Matzen Construction, Inc. v. Schultz , 682 N.Y.S.2d 483 ( 1999 )

Mikoll, J. P., Crew III, Yesawich Jr. and Spain, JJ.,

concur. Ordered that the order is modified, on the law, with costs to defendant Harold R. Schultz, by reversing so much thereof as granted plaintiffs cross motion; cross motion denied; and, as so modified, affirmed.