
    Lakewood Construction Co., Inc., Respondent, v Martin Brody, Appellant. Lakewood Construction Co., Inc., Third-Party Plaintiff-Respondent, v Oneida Floor Co., Inc., Third-Party Defendant-Respondent.
    (Appeal No. 3.)
    [767 NYS2d 353]
   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.  