Lakewood Construction Co. v Martin Brody
Annotate this CaseLakewood 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.
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