Orchard Earth & Pipe Corp. v Concrete Slipform, Inc.

Orchard Earth & Pipe Corp. v Concrete Slipform, Inc. 2017 NY Slip Op 03332 Decided on April 28, 2017 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 28, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., SMITH, CENTRA, TROUTMAN, AND SCUDDER, JJ.
450 CA 16-02009

[*1]ORCHARD EARTH AND PIPE CORPORATION, PLAINTIFF-APPELLANT,

v

CONCRETE SLIPFORM, INC., DEFENDANT-RESPONDENT.

TADDEO & SHAHAN, LLP, SYRACUSE (STEVEN C. SHAHAN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

BYRNE, COSTELLO & PICKARD, P.C., SYRACUSE (GREGORY P. BAZAN OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Onondaga County (Spencer J. Ludington, A.J.), entered July 18, 2016. The order, insofar as appealed from, granted those parts of the motion of defendant seeking summary judgment dismissing plaintiff's first and second causes of action.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: April 28, 2017

Frances E. Cafarell

Clerk of the Court