
    David Banack, Plaintiff, v NVR, Inc., t/a Ryan Homes of New York, Defendant and Third-Party Plaintiff-Respondent. Associated Materials, Inc., Doing Business as Alside and/or Alside Supply, Third-Party Defendant-Appellant.
    [855 NYS2d 410]
   Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered May 23, 2007 in a breach of contract action. The order granted the motion of defendant-third-party plaintiff for partial summary judgment on liability against third-party defendant.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, EJ., Hurlbutt, Smith, Fahey and Gorski, JJ.  