Ito v. Dryvit Systems, Inc.

In an action, inter alia, to recover for damage to property, the defendant Dryvit Systems, Inc., appeals from an order of the Supreme Court, Suffolk County (Molia, J.), dated March 22, 2004, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

In November 1999 the plaintiff commenced this action alleging damage to the exterior cladding of…