Gateway Development and Manufacturing, Inc. v Commercial Carriers, Inc.
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Gateway Dev. & Mfg., Inc. v Commercial Carriers, Inc.
2005 NY Slip Op 08458 [23 AD3d 1162]
Decided on November 10, 2005
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on November 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: HURLBUTT, J.P., SCUDDER, GORSKI, SMITH, AND LAWTON, JJ.
1264 CA 05-01211
[*1]GATEWAY DEVELOPMENT AND MANUFACTURING, INC., PLAINTIFF-RESPONDENT, ORDER
v
COMMERCIAL CARRIERS, INC., RYDER TRUCK RENTAL, INC., RYDER SYSTEM, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANT.
Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered January 12, 2005. The order, insofar as appealed from, denied in part the motions of defendants Commercial Carriers, Inc., Ryder Truck Rental, Inc. and Ryder System, Inc. for summary judgment.
JONES DAY, PITTSBURGH, PENNSYLVANIA (PATRICK F. MC CARTAN OF THE OHIO BAR, ADMITTED PRO HAC VICE, OF COUNSEL), AND PHILLIPS LYTLE LLP, BUFFALO, FOR DEFENDANTS-APPELLANTS.
CONNORS & VILARDO, LLP, BUFFALO (LAWRENCE J. VILARDO OF COUNSEL), MARK R. UBA, WILLIAMSVILLE, AND DOW, LOHNES & ALBERTSON, PLLC, WASHINGTON, D.C., FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: November 10, 2005
JoAnn M. Wahl
Clerk of the Court
Decided on November 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: HURLBUTT, J.P., SCUDDER, GORSKI, SMITH, AND LAWTON, JJ.
1264 CA 05-01211
[*1]GATEWAY DEVELOPMENT AND MANUFACTURING, INC., PLAINTIFF-RESPONDENT, ORDER
v
COMMERCIAL CARRIERS, INC., RYDER TRUCK RENTAL, INC., RYDER SYSTEM, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANT.
Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered January 12, 2005. The order, insofar as appealed from, denied in part the motions of defendants Commercial Carriers, Inc., Ryder Truck Rental, Inc. and Ryder System, Inc. for summary judgment.
JONES DAY, PITTSBURGH, PENNSYLVANIA (PATRICK F. MC CARTAN OF THE OHIO BAR, ADMITTED PRO HAC VICE, OF COUNSEL), AND PHILLIPS LYTLE LLP, BUFFALO, FOR DEFENDANTS-APPELLANTS.
CONNORS & VILARDO, LLP, BUFFALO (LAWRENCE J. VILARDO OF COUNSEL), MARK R. UBA, WILLIAMSVILLE, AND DOW, LOHNES & ALBERTSON, PLLC, WASHINGTON, D.C., FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: November 10, 2005
JoAnn M. Wahl
Clerk of the Court
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