Edgewater Constr. Co., Inc. v 81 & 3 of Watertown, Inc.
2005 NY Slip Op 09863
Decided on December 22, 2005
Appellate Division, Fourth Department
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on December 22, 2005
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PIGOTT, JR., P.J., GREEN, PINE, LAWTON, AND HAYES, JJ.

1451 CA 05-01598

[*1]EDGEWATER CONSTRUCTION CO., INC., PLAINTIFF-RESPONDENT-APPELLANT, ORDER

v

81 & 3 OF WATERTOWN, INC., ET AL., DEFENDANTS, MARY RIPPER, DEFENDANT-APPELLANT-RESPONDENT, AND BELLA VISTA GROUP, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 1.)



Appeal and cross appeal from an order of the Supreme Court, Onondaga County (John V. Centra, J.), entered September 23, 2004. The order, inter alia, awarded plaintiff $467,686 plus interest, costs and disbursements against defendant Mary Ripper.


LAWRENCE C. BROWN, CHEEKTOWAGA, FOR DEFENDANT-APPELLANT-RESPONDENT AND DEFENDANT-RESPONDENT.
MENTER, RUDIN & TRIVELPIECE, P.C., SYRACUSE (VIC J. KOPNITSKY, JR., OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.


It is hereby ORDERED that said appeal and cross appeal be and the same hereby are unanimously dismissed without costs (see Matter of Laborers Intl. Union of N. Am., Local 210, AFL-CIO v Shevlin-Manning, Inc., 147 AD2d 977).
Entered: December 22, 2005
JoAnn M. Wahl
Clerk of the Court


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