Order unanimously affirmed without costs.
Memorandum:
Pursuant to an oral contract, defendant constructed a retaining wall at plaintiff's cottage on Lake Ontario. On August 26, 1986, the wall collapsed into the lake and plaintiff commenced this action, asserting causes of action in negligence and breach of warranty.
Plaintiff moved for partial summary judgment on the issue of liability in his negligence cause of action. Special Term granted his motion...
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