Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of plaintiff's cross motion which was to dismiss the first counterclaim of the defendant David Hommel is granted.
The plaintiff is a homeowner who hired the defendant David Hommel (hereinafter Hommel), a home improvement contractor, to perform work for him. A dispute over the work subsequently arose and the plaintiff commenced this action against Hommel and his wife...
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