J.A. Valenti Elec. v. Power Line Constructors

Full title: J.A. VALENTI ELECTRIC CO., INC., Respondent, v. POWER LINE CONSTRUCTORS…

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

Date published: Oct 2, 1986

123 A.D.2d 604 (N.Y. App. Div. 1986)

Opinion

October 2, 1986

Appeal from the Supreme Court, Westchester County (Burchell, J.).

The respondent is awarded one bill of costs.

Inasmuch as the appellant Power Line Constructors, Inc. failed to serve the plaintiff J.A. Valenti Electric Co., Inc. with either a notice of motion (CPLR 2214) or a notice of cross motion (CPLR 2215) demanding relief pursuant to General Obligations Law § 15-108, Special Term was correct in not providing for such relief in the order appealed from (see, Matter of Briger, 95 A.D.2d 887). Bracken, J.P., Brown, Weinstein and Rubin, JJ., concur.