EFDEY ELECTRICAL CONTRACTORS, INC. v. MELITA>, 167 A.D.2d 501 [2d Dept 1990] 562 N.Y.S.2d 172EFDEY ELECTRICAL CONTRACTORS, INC., Respondent, v. ANTHONY , JR., et al., Defendants and Third-Party Plaintiffs-Appellants, et al., Third-Party Plaintiff, et al., Third-Party Defendants. Appellate Division of the Supreme Court of the State of New York Second Department November 26, 1990

Appeal from the Supreme Court, Queens County (Hentel, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant Anthony , Jr., made a prior motion for summary judgment in 1986, which was denied as premature since there had yet to be any discovery. In his second motion, inter alia, for summary judgment, Mr.