Inc. Village of Philmont v. A. Colarusso & Son, Inc.

— Appeal from an order of the Supreme Court at Special Term (Kahn, J.), entered November 17,1982 in Albany County, which *967denied plaintiff’s motion for summary judgment as against defendant Reliance Insurance Company. The relevant facts are adequately set forth in this court’s decision in Incorporated Vil. ofPhilmont v Colarusso & Son (85 AD2d 856, mot for lv to app den 56 NY2d 985) when this case was previously before this court and we affirmed an order granting plaintiff summary judgment as against defendant A. Colarusso & Son, Inc. The case is presently before us to review a denial of…