Order unanimously reversed on the law with costs, defendant's motion denied and matter remitted to Supreme Court, Seneca County, for further proceedings, in accordance with the following memorandum: In 1979, defendant orally agreed to construct two chimneys at plaintiffs' residence. The home was substantially damaged by fire in 1984, and on August 30, 1985, plaintiffs commenced this action, alleging that the damage was caused by defendant's negligent construction. After joinder...
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