Brookview Homeowners' Ass'n v. Mark IV Construction Co. , 178 A.D.2d 968 ( 1991 )

— Order unanimously reversed on the law without costs and motion denied. Same Memorandum as in Brookview Homeowners’ Assn, v Mark IV Constr. Co. ([appeal No. 1] 178 AD2d 967 [decided herewith]). (Appeal from Order of Supreme Court, Monroe County, Affronti, J. — Summary Judgment.) Present — Doerr, J. P., Boomer, Pine, Balio and Davis, JJ.