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Verizon New York, Inc v. Labarge Brothers Co.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


February 10, 2011

VERIZON NEW YORK, INC.,
PLAINTIFF-APPELLANT,
v.
LABARGE BROTHERS CO., INC. AND LABARGE COMPANIES,
DEFENDANTS-RESPONDENTS. (APPEAL NO. 3.)

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered August 6, 2009. The order, among other things, granted defendants' motion for summary judgment dismissing plaintiff's complaint and denied plaintiff's cross motion for leave to amend the complaint to add Suburban Pipeline Co., Inc. as a defendant.

Verizon N.Y., Inc. v. Labarge Bros. Co., Inc.

Decided on February 10, 2011 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.

PRESENT: SMITH, J.P., FAHEY, CARNI, SCONIERS, AND MARTOCHE, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs (see Verizon New York, Inc. v LaBarge Bros. Co., Inc. [appeal No. 1], ___ AD3d ___ [Feb. 10, 2011]). Entered: February 10, 2011 Patricia L. Morgan Clerk of the Court

20110210

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