Opinion
May 4, 1998
Appeal from the Supreme Court, Kings County (Rappaport, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment is granted, and the complaint is dismissed (see, Trocchia v. Yonkers Constr. Co. ( 250 A.D.2d 599 [decided herewith]).
Miller, J.P., Joy, Friedmann and McGinity, JJ., concur.