Gallo v. Facilities Development Corporation

Full title: ANTHONY GALLO, Plaintiff, v. FACILITIES DEVELOPMENT CORPORATION et al.…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 31, 1999

259 A.D.2d 1044 (N.Y. App. Div. 1999)

689 N.Y.S.2d 902

Opinion

March 31, 1999

Appeal from Order of Supreme Court, Monroe County, Lunn, J. — Summary Judgment.

Appeal by third-party plaintiffs Pike/McCarthy, The Pike Company, Inc., and McCarthy Brothers Company unanimously dismissed upon stipulation and order affirmed without costs. Memorandum: Third-party plaintiff The Facilities Development Corporation did not raise the issue of its entitlement to counsel fees and disbursements in its brief. That issue is therefore deemed abandoned ( see, Ciesinski v. Town of Aurora, 202 A.D.2d 984).

Present — Denman, P. J., Green, Pine, Hayes and Hurlbutt, JJ.