Lakewood Construction Co. v Martin Brody

Lakewood Constr. Co. v Brody 2003 NY Slip Op 18697 [1 AD3d 1010] November 21, 2003 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 28, 2004

Lakewood Construction Co., Inc., Respondent,
v
Martin Brody, Appellant. Lakewood Construction Co., Inc., Third-Party Plaintiff-Respondent, v Oneida Floor Co., Inc., Third-Party Defendant-Respondent. (Appeal No. 2.)

—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.

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 AD3d — [2003]). Present—Pigott, Jr., P.J., Green, Scudder, Kehoe and Hayes, JJ.