Cattaraugus Central School Board of Education v. Siracuse

—Appeals from an order of Supreme Court, Cattaraugus County (NeMoyer, J.), entered November 29, 2001, which denied the motions of defendant Kirst Construction, Inc. and third-party defendant for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without *909costs, the motions are granted and the complaint against defendant Karst Construction, Inc. and the third-party complaint are dismissed.

Memorandum: In 1991 plaintiff entered into a contract with Karst Construction, Inc. (defendant) for the construction of additions…