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Verizon New York, Inc v. Barlam Construction Corp

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


December 23, 2011

VERIZON NEW YORK, INC.,
PLAINTIFF-RESPONDENT,
v.
BARLAM CONSTRUCTION CORP.,
DEFENDANT,
AND ECSM UTILITY CONTRACTORS, INC.,
DEFENDANT-APPELLANT. (APPEAL NO. 1.)

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), dated October 26, 2010.

Verizon N.Y., Inc. v Barlam Constr. Corp.

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 December 23, 2011

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, GREEN, AND MARTOCHE, JJ.

The order awarded plaintiff judgment against defendant ECSM Utility Contractors, Inc.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).

Entered: December 23, 2011

Frances E. Cafarell Clerk of the Court

20111223

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