| Bero Contr. & Dev. Corp. v Vierhile |
| 2005 NY Slip Op 07282 [21 AD3d 1442] |
| Decided on September 30, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |