Opinion
CA 05-02176.
Decided March 17, 2006.
Appeal from an order of the Supreme Court, Wayne County (Kenneth R. Fisher, J.), entered July 1, 2005. The order, insofar as appealed from, denied in part the motion of defendant Fred A. Nudd Corporation for summary judgment dismissing the complaint against it, granted plaintiff's cross motion for partial summary judgment on the issue of liability under the first three causes of action against defendant Fred A. Nudd Corporation and granted the cross motion of defendants George R. Underhill and Underhill Consulting Engineer, P.C. for summary judgment dismissing the cross claim of defendant Fred A. Nudd Corporation.
KAMAN, BERLOVE, MARAFIOTI, JACOBSTEIN GOLDMAN, LLP, ROCHESTER (STEVEN A. MAAS OF COUNSEL), FOR DEFENDANT-APPELLANT.
PHILLIPS LYTLE LLP, ROCHESTER (MARK J. MORETTI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
SUGARMAN LAW FIRM, LLP, SYRACUSE (MATTHEW D. GUMAER OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Before: PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, GREEN, AND HAYES, JJ.
ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.