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Verizon New York Inc v. Ecsm Utility Contractors

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


December 23, 2011

VERIZON NEW YORK INC.,
PLAINTIFF-RESPONDENT,
v.
ECSM UTILITY CONTRACTORS, INC.,
DEFENDANT-APPELLANT.

Appeal from an amended order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered December 2, 2010.

Verizon N.Y. Inc. v ECSM Util. Contrs., Inc.

Decided on December 23, 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., PERADOTTO, LINDLEY, GREEN, AND MARTOCHE, JJ.

(APPEAL NO. 1.)

The amended order denied the cross motion of defendant for summary judgment dismissing the complaint, granted in part the motion of plaintiff for summary judgment and awarded plaintiff $210,896.51.

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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