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Hayward Baker, Inc v. C.O. Falter Construction Corp.

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


March 15, 2013

HAYWARD BAKER, INC.,
PLAINTIFF-APPELLANT-RESPONDENT,
v.
C.O. FALTER CONSTRUCTION CORP., ZURICH AMERICAN INSURANCE COMPANY, AND FIDELITY AND DEPOSIT COMPANY OF MARYLAND, DEFENDANTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 2.)

Appeal and cross appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered February 29, 2012.

Hayward Baker, Inc. v C.O. Falter Constr. Corp.

Released on March 15, 2013

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, LINDLEY, WHALEN, AND MARTOCHE, JJ.

The order, among other things, granted plaintiff's cross motion for leave to renew its motion for partial summary judgment and, upon renewal, adhered to its prior decision.

It is hereby ORDERED that said appeal by defendants is unanimously dismissed and the order is affirmed without costs.

Same Memorandum as in Hayward Baker, Inc. v C.O. Falter Constr. Corp. ([appeal No. 1] ___ AD3d ___ [Mar. 15, 2013]). Entered: March 15, 2013 Frances E. Cafarell Clerk of the Court

20130315

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