Lakewood Construction Co., Inc. v. Brody

Full title: LAKEWOOD CONSTRUCTION CO., INC., Plaintiff-Respondent, v. MARTIN BRODY…

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

Date published: Nov 21, 2003

1 A.D.3d 1010 (N.Y. App. Div. 2003)

767 N.Y.S.2d 353

Opinion

CA 03-00082.

November 21, 2003.

Appeal from an order of Supreme Court, Oneida County (Ringrose, J.), entered November 6, 2002, which granted in part the cross motion of plaintiff for partial summary judgment on the complaint.

William J. Leberman, Syracuse, for Defendant-Appellant.

Levitt Gordon, New Hartford (Dean L. Gordon of Counsel), for Plaintiff-Respondent.

Law Offices of Joseph D. Callery, Syracuse (James C. Brady of Counsel), for Defendant On Counterclaim/Third-Party Plaintiff-Respondent.

Rossi and Murnane, Utica (Vincent J. Rossi, Jr., of Counsel), for Third-Party Defendant-Respondent.

Before: Present: Pigott, Jr., P.J., Green, Scudder, Kehoe, and Hayes, JJ.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously modified on the law by denying in its entirety plaintiff's cross motion for partial summary judgment on the complaint and as modified the order is affirmed without costs.

Same Memorandum as in Lakewood Constr. Co. v. Brody ([appeal No. 1] 1 A.D.3d 1007 [Nov. 21, 2003]).