Burns v. Lecesse Constr. Servs. LLC

Full title: JEFFERY BURNS, PLAINTIFF-RESPONDENT, v. LECESSE CONSTRUCTION SERVICES LLC…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Oct 28, 2014

2014 N.Y. Slip Op. 88338 (N.Y. App. Div. 2014)

Opinion

DOCKET NO. CA 14-01125 DOCKET NO. CA 14-01126

10-28-2014

JEFFERY BURNS, PLAINTIFF-RESPONDENT, v. LECESSE CONSTRUCTION SERVICES LLC, DUKES PROPERTY DEVELOPMENT, LLC, THE MILLS HIGH FALLS HOUSING DEVELOPMENT FUND COMPANY, INC., U.S. CEILING CORP., URBAN LEAGUE OF ROCHESTER, NY, INC., DEFENDANTS-APPELLANTS, PRO CARPET, INC., DEFENDANT. PRO CARPET, INC., DEFENDANT THIRD-PARTY PLAINTIFF-APPELLANT, v. JEFFREY W. BURNS DOING BUSINESS AS BURNS FLOORING, THIRD-PARTY DEFENDANT-RESPONDENT. LECESSE CONSTRUCTION SERVICES LLC, THE MILLS HIGH FALLS HOUSING DEVELOPMENT FUND COMPANY, INC., URBAN LEAGUE OF ROCHESTER, NY, INC., DEFENDANTS THIRD-PARTY PLAINTIFFS-APPELLANTS, v. JEFFREY W. BURNS DOING BUSINESS AS BURNS FLOORING, THIRD-PARTY DEFENDANT-RESPONDENT. (APPEAL NO. 1.) JEFFERY BURNS, PLAINTIFF-RESPONDENT, v. LECESSE CONSTRUCTION SERVICES LLC, DUKES PROPERTY DEVELOPMENT, LLC, THE MILLS HIGH FALLS HOUSING DEVELOPMENT FUND COMPANY, INC., URBAN LEAGUE OF ROCHESTER, NY, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. PRO CARPET, INC., DEFENDANT THIRD-PARTY PLAINTIFF, v. JEFFREY W. BURNS DOING BUSINESS AS BURNS FLOORING, THIRD-PARTY DEFENDANT. LECESSE CONSTRUCTION SERVICES LLC, THE MILLS HIGH FALLS HOUSING DEVELOPMENT FUND COMPANY, INC., URBAN LEAGUE OF ROCHESTER, NY, INC., DEFENDANTS THIRD-PARTY PLAINTIFFS-APPELLANTS, v. JEFFREY W. BURNS DOING BUSINESS AS BURNS FLOORING, THIRD-PARTY DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

SCUDDER, P. J.

PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

Dukes Property Development, LLC having moved to expedite the appeals taken herein from orders of Supreme Court entered in the Office of the Clerk of the County of Monroe on April 7, 2014, and May 30, 2014,

Now, upon reading and filing the affirmation of Matthew A. Lenhard, Esq., sworn to September 15, 2014, the notice of motion with proof of service thereof, and the affirmation of Philip M. Gulisano, Esq., dated September 22, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: October 28, 2014

Frances E. Cafarell, Clerk