Windsong Lane Farms v Telmark, LLC

Windsong Lane Farms v Telmark, LLC 2010 NY Slip Op 06950 [77 AD3d 1398] October 1, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 15, 2010

Windsong Lane Farms, Respondent, v Telmark, LLC, et al., Appellants. (Appeal No. 3.)

—[*1] Menter, Rudin & Trivelpiece, P.C., Syracuse (Julian B. Modesti of counsel), for defendants-appellants.

Hiscock & Barclay, LLP, Syracuse (Ellen K. Eagen of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Jefferson County (Joseph D. McGuire, J.), entered September 26, 2007. The order, insofar as appealed from, denied the motion of defendants for summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Scudder, P.J., Centra, Peradotto, Sconiers and Pine, JJ.