Beit Shalom, Inc. v Verizon N.Y., Inc.

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Beit Shalom, Inc. v Verizon N.Y., Inc. 2013 NY Slip Op 08726 Released on December 27, 2013 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.

Released on December 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., FAHEY, CARNI, VALENTINO, AND WHALEN, JJ.
1257 CA 13-01002

[*1]BEIT SHALOM, INC. AND STEPHEN GALILEY, PLAINTIFFS-RESPONDENTS,

v

VERIZON NEW YORK, INC., NEW YORK TELEPHONE CO., INC., VERIZON COMMUNICATION, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.


Appeal from an order of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered February 6, 2013. The order granted the motion of plaintiffs for leave to reargue their opposition to that part of the cross motion of defendants Verizon New York, Inc., New York Telephone Co., Inc. and Verizon Communication, Inc. to dismiss the first cause of action and, upon reargument, denied the cross motion with respect to that cause of action.


SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE (BRADY J. O'MALLEY OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
DAVID G. GOLDBAS, UTICA, FOR PLAINTIFFS-RESPONDENTS.


It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Entered: December 27, 2013
Frances E. Cafarell
Clerk of the Court

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