Laur & Mack Contracting Co., Inc. v Dino Di Cienzo
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Laur & Mack Contr. Co., Inc. v Di Cienzo
2005 NY Slip Op 04701 [19 AD3d 1183]
Decided on June 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 June 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., HURLBUTT, GORSKI, MARTOCHE, AND LAWTON, JJ.
362 CA 04-02520
[*1]LAUR & MACK CONTRACTING CO., INC., PLAINTIFF-APPELLANT, ORDER
v
DINO DI CIENZO, SR. AND INTERTRUST DEVELOPMENT, INC., AS ASSIGNEE OF DINO DI CIENZO, SR., DEFENDANTS-RESPONDENTS, AND EMPLOYERS INSURANCE OF WAUSAU, A MUTUAL COMPANY, COUNTERCLAIM DEFENDANT-APPELLANT.
Appeals from an order of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered May 14, 2004. The order, inter alia, denied the amended motion of counterclaim defendant and granted the cross motion of defendants for summary judgment dismissing counterclaim defendant's affirmative defense of the statute of limitations.
MC GRATH & POLVINO, PLLC, WILLIAMSVILLE (DONALD G. MC GRATH OF COUNSEL), FOR PLAINTIFF-APPELLANT.
ERNSTROM & DRESTE LLP, ROCHESTER (JOHN W. DRESTE OF COUNSEL), FOR COUNTERCLAIM DEFENDANT-APPELLANT.
PHILLIPS LYTLE LLP, BUFFALO (JEREMIAH J. MC CARTHY OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
HURWITZ & FINE, P.C., BUFFALO (SHAWN P. MARTIN OF COUNSEL), FOR THIRD-PARTY DEFENDANT ARTHUR C. LACHUT, INC. Now, upon reading and filing the stipulation discontinuing the appeals signed by the attorneys for the parties on May 24, 2005,
It is hereby ORDERED that said appeals be and the same hereby are unanimously dismissed without costs upon stipulation.
Entered: June 10, 2005
JoAnn M. Wahl
Clerk of the Court
Decided on June 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., HURLBUTT, GORSKI, MARTOCHE, AND LAWTON, JJ.
362 CA 04-02520
[*1]LAUR & MACK CONTRACTING CO., INC., PLAINTIFF-APPELLANT, ORDER
v
DINO DI CIENZO, SR. AND INTERTRUST DEVELOPMENT, INC., AS ASSIGNEE OF DINO DI CIENZO, SR., DEFENDANTS-RESPONDENTS, AND EMPLOYERS INSURANCE OF WAUSAU, A MUTUAL COMPANY, COUNTERCLAIM DEFENDANT-APPELLANT.
Appeals from an order of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered May 14, 2004. The order, inter alia, denied the amended motion of counterclaim defendant and granted the cross motion of defendants for summary judgment dismissing counterclaim defendant's affirmative defense of the statute of limitations.
MC GRATH & POLVINO, PLLC, WILLIAMSVILLE (DONALD G. MC GRATH OF COUNSEL), FOR PLAINTIFF-APPELLANT.
ERNSTROM & DRESTE LLP, ROCHESTER (JOHN W. DRESTE OF COUNSEL), FOR COUNTERCLAIM DEFENDANT-APPELLANT.
PHILLIPS LYTLE LLP, BUFFALO (JEREMIAH J. MC CARTHY OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
HURWITZ & FINE, P.C., BUFFALO (SHAWN P. MARTIN OF COUNSEL), FOR THIRD-PARTY DEFENDANT ARTHUR C. LACHUT, INC. Now, upon reading and filing the stipulation discontinuing the appeals signed by the attorneys for the parties on May 24, 2005,
It is hereby ORDERED that said appeals be and the same hereby are unanimously dismissed without costs upon stipulation.
Entered: June 10, 2005
JoAnn M. Wahl
Clerk of the Court
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