Opinion
03-15-2013
HAYWARD BAKER, INC., Plaintiff–Appellant–Respondent, v. C.O. FALTER CONSTRUCTION CORP., Zurich American Insurance Company, and Fidelity and Deposit Company of Maryland, Defendants–Respondents–Appellants. (Appeal No. 2.)
Bond, Schoeneck & King, PLLC, Syracuse (Clifford G. Tsan of Counsel), for Plaintiff–Appellant–Respondent. Alario & Fischer, P.C., Syracuse (Linda E. Alario of Counsel), for Defendants–Respondents–Appellants.
Bond, Schoeneck & King, PLLC, Syracuse (Clifford G. Tsan of Counsel), for Plaintiff–Appellant–Respondent.
Alario & Fischer, P.C., Syracuse (Linda E. Alario of Counsel), for Defendants–Respondents–Appellants.
Appeal and cross appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered February 29, 2012. The order, among other things, granted plaintiff's cross motion for leave to renew its motion for partial summary judgment and, upon renewal, adhered to its prior decision.
Same Memorandum as in Hayward Baker, Inc. v. C.O. Falter Constr. Corp. [Appeal No. 1] 104 A.D.3d 1253, 960 N.Y.S.2d 764 (2013).
It is hereby ORDERED that said appeal by defendants is unanimously dismissed and the order is affirmed without costs.
CENTRA, J.P., PERADOTTO, LINDLEY, WHALEN, and MARTOCHE, JJ., concur.