Tug Hill Constr., Inc. v Dufferin Constr. Co.

Tug Hill Constr., Inc. v Dufferin Constr. Co. 2007 NY Slip Op 05078 [41 AD3d 1313] June 8, 2007 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 15, 2007

Tug Hill Construction, Inc., Respondent, v Dufferin Construction Company, a Division of St. Lawrence Cement, Inc., Appellant, et al., Defendant.

—[*1] Harris Beach PLLC, Pittsford (David M. Tang of counsel), for defendant-appellant.

Pope, Schrader & Sacco, LLP, Binghamton (Alan J. Pope of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered April 6, 2006 in a breach of contract action. The order, among other things, denied the motion of defendant Dufferin Construction Company, a Division of St. Lawrence Cement, Inc., for summary judgment dismissing the complaint against it and denied the cross motion of plaintiff for partial summary judgment on the issue of liability against that defendant.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for the reasons stated in the decision at Supreme Court. Present—Scudder, P.J., Centra, Lunn, Fahey and Peradotto, JJ.