Verizon N.Y., Inc. v Barlam Constr. Corp.

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Verizon N.Y., Inc. v Barlam Constr. Corp. 2011 NY Slip Op 09429 Decided on December 23, 2011 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 December 23, 2011
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, GREEN, AND MARTOCHE, JJ.
1336 CA 11-00443

[*1]VERIZON NEW YORK, INC., PLAINTIFF-RESPONDENT,

v

BARLAM CONSTRUCTION CORP., DEFENDANT, AND ECSM UTILITY CONTRACTORS, INC., DEFENDANT-APPELLANT. (APPEAL NO. 1.)


Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), dated October 26, 2010. The order awarded plaintiff judgment against defendant ECSM Utility Contractors, Inc.


DOBSHINSKY & PRIYA, LLC, NEW YORK CITY (NEAL S. DOBSHINSKY OF COUNSEL), FOR DEFENDANT-APPELLANT.
SOLOMON AND SOLOMON, P.C., ALBANY (TODD M. SARDELLA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.


It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).
Entered: December 23, 2011
Frances E. Cafarell
Clerk of the Court

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