Appeal from an order of Supreme Court, Oneida County (Ringrose, J.), entered November 7, 2002, which granted in part plaintiffs motion for summary judgment and dismissed, in part defendant’s affirmative defenses/counterclaims.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.
Same memorandum as in Lakewood Constr. Co. v Brody ([appeal No. 1] 1 AD 3d 1007 [2003]). Present—Pigott, Jr., PJ., Green, Scudder, Kehoe and Hayes, JJ.