| EDWARD CUNNINGHAM, III V LECHASE CONSTRUCTION, FREDERICO WRECKING CO., INC., AND FRIENDS OF FINGER LAKES PERFORMING |
| Motion No: 1078-11 |
| Slip Opinion No: 2012 NY Slip Op 71977(U) |
| Decided on April 20, 2012 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, AND PERADOTTO, JJ.
MOTION NO. 1078-11
DOCKET NO. CA 11-00958
| EDWARD CUNNINGHAM, III, PLAINTIFF-APPELLANT, V LECHASE
CONSTRUCTION, FREDERICO WRECKING CO., INC., AND FRIENDS OF FINGER LAKES PERFORMING ARTS CENTER, INC.,
DEFENDANTS-RESPONDENTS. FREDERICO WRECKING CO., INC., THIRD-PARTY PLAINTIFF-APPELLANT, V CONTOUR ERECTION
AND SIDING SYSTEMS, INC., THIRD-PARTY DEFENDANT-RESPONDENT.
——————————————————————&
mdash;———— LECHASE CONSTRUCTION SERVICES, LLC AND FRIENDS OF FINGER LAKES PERFORMING ARTS CENTER, INC.,
THIRD-PARTY PLAINTIFFS-APPELLANTS, V CONTOUR ERECTION AND SIDING SYSTEMS, INC., THIRD-PARTY
DEFENDANT-RESPONDENT. |
Third-party defendant-respondent and defendants-respondents/third-party plaintiffs-appellants having moved and plaintiff-appellant having cross-moved for leave to appeal to the Court of Appeals from the order of this Court entered December 23, 2011,
Now, upon reading and filing the affidavit of Jonathan H. Bard, Esq., sworn January 30, 2012, the affidavit of Ann M. Campbell, Esq., sworn to February 1, 2012, the affirmation of Alan D. Voos, Esq., dated February 6, 2012, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are denied.
Entered: April 20, 2012
Frances E. Cafarell, Clerk