Opinion
12-28-2016
FEDERAL INSURANCE COMPANY, plaintiff, v. A–TECH CONCRETE COMPANY, INC., appellant, Village of Nyack, respondent.
Lori D. Fishman, Tarrytown, NY (D. Bradford Sessa of counsel), for appellant. MacCartney, MacCartney, Kerrigan & MacCartney, Nyack, NY (William K. Kerrigan of counsel), for respondent.
Lori D. Fishman, Tarrytown, NY (D. Bradford Sessa of counsel), for appellant.
MacCartney, MacCartney, Kerrigan & MacCartney, Nyack, NY (William K. Kerrigan of counsel), for respondent.
In a subrogation action to recover damages for injury to property, the defendant A–Tech Concrete Company, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Rockland County (Walsh II, J.), dated January 12, 2015, as failed to determine that branch of its motion which was for summary judgment dismissing all cross claims asserted against it.
ORDERED that the appeal is dismissed, without costs or disbursements.The Supreme Court failed to determine that branch of the motion of the defendant A–Tech Concrete Company, Inc. (hereinafter A–Tech), which was for summary judgment dismissing all cross claims asserted against it by the defendant Village of Nyack. Accordingly, since that branch of A–Tech's motion remains pending and undecided, we dismiss the appeal (see Zhiwei Mao v. Krantz & Levinson Realty Corp., 117 A.D.3d 944, 985 N.Y.S.2d 893 ; Hawkins–Bond v. Konefsky, 48 A.D.3d 417, 849 N.Y.S.2d 802 ; Bah v. City of New York, 38 A.D.3d 486, 831 N.Y.S.2d 263 ; Hirsch v. City of New York, 32 A.D.3d 995, 820 N.Y.S.2d 889 ; Dyrmyshi v. Clifton Place Dev. Group, Inc., 7 A.D.3d 564, 776 N.Y.S.2d 811 ; Lopez v. Massachusetts Mut. Life Ins. Co., 170 A.D.2d 583, 566 N.Y.S.2d 359 ).
HALL, J.P., SGROI, MALTESE and DUFFY, JJ., concur.