95. Argued May 3, 2005. Decided June 29, 2005. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered April 1, 2004. The Appellate Division (1) reversed, on the law, an order of the Supreme Court, Chenango County (Kevin M. Dowd, J.), which had denied plaintiffs' motion for summary judgment, granted defendant's motion for summary judgment dismissing the complaint, and granted defendant judgment on its counterclaim;