NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT
April 30, 2010
NEW YORK MUNICIPAL INSURANCE RECIPROCAL, AS SUBROGEE OF TOWN OF WOLCOTT, RESPONDENT,
W.P. MAHONEY ENTERPRISES, INC., RESPONDENT-APPELLANT, AND TITAN STEEL SERVICES, INC., APPELLANT-RESPONDENT.
Appeal and cross appeal from an order of the Supreme Court, Wayne County (John B. Nesbitt, A.J.), entered June 23, 2009 in a subrogation action. The order denied the motion of defendant Titan Steel Services, Inc. for summary judgment.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 9, 2010
It is hereby ordered that said cross appeal is unanimously dismissed (see Moncion v Infra-Metals Corp., Div. of Preussag Intl. Co., 20 AD3d 310, 312 ; see also CPLR 5511) and the order is otherwise affirmed without costs.
Present--Centra, J.P., Carni, Lindley, Green and Gorski, JJ.
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