Beadle v. Morgan Construction Co. , 727 N.Y.S.2d 679 ( 2001 )

—Order unanimously affirmed without costs for reasons stated in decision at Supreme Court, Gerace, J. (Appeal from Order of Supreme Court, Chautauqua County, Gerace, J. — Summary Judgment.) Present — Pigott, Jr., P. J., Green, Pine, Scudder and Burns, JJ.