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Castleton Development, LLC, Kurt Silvestro and Michael Palombo v. Greenman-Pedersen

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


September 30, 2011

CASTLETON DEVELOPMENT, LLC, KURT SILVESTRO AND MICHAEL PALOMBO,
PLAINTIFFS-RESPONDENTS,
v.
GREENMAN-PEDERSEN, INC.,
DEFENDANT-APPELLANT.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered November 5, 2010.

Castleton Dev., LLC v Greenman-pedersen, Inc.

Decided on September 30, 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: CENTRA, J.P., PERADOTTO, CARNI, GREEN, AND GORSKI, JJ.

The order denied the motion of defendant to dismiss the complaint.

It is hereby ORDERED that the order so appealed from is unanimously affirmed with costs.

Entered: September 30, 2011

Patricia L. Morgan Clerk of the Court

20110930

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