Abdella v. Ne Jame

— Main, J. P.

Appeal from an order of the Supreme Court at Special Term (Graves, J.), entered February 18, 1985 in Fulton County, which denied defendant’s motion to dismiss the complaint and for summary judgment.

Plaintiff, Ernest Abdella, negotiated with Aluminum Fair, Inc., for the installation of an in-ground swimming pool on his property. Work on such pool was begun but never completed by the company. Thereafter, Abdella commenced this action against defendant, Edward S. Ne Jame, the president of Aluminum Fair, seeking to recover damages stemming from Ne Jame’s alleged failure to timely…