Tripepi v. Owens (270 A.D.2d 899, 2000)

—Judgment unanimously affirmed with costs for reasons stated in decision at Supreme Court, Kirk, J. (Appeal from Judgment of Supreme Court, Herkimer County, Kirk, J. — Contract.) Present — Pigott, Jr., P. J., Hayes, Hurl-butt, Scudder and Kehoe, JJ.