| DIPIZIO CONSTRUCTION COMPANY, INC. AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA V ERIE CANAL HARBOR DEVELOPMENT |
| Motion No: 209-17 |
| Slip Opinion No: 2017 NY Slip Op 77194(U) |
| Decided on June 9, 2017 |
| 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: PERADOTTO, J.P., CARNI, LINDLEY, CURRAN, AND SCUDDER, JJ.
MOTION NO. 209-17
DOCKET NO. CA 16-00194
| DIPIZIO CONSTRUCTION COMPANY, INC., PLAINTIFF-APPELLANT, AND
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, PLAINTIFF-RESPONDENT, V ERIE CANAL HARBOR DEVELOPMENT
CORPORATION, DEFENDANT-RESPONDENT. (ACTION NO. 1.) DIPIZIO CONSTRUCTION COMPANY, INC., PLAINTIFF-APPELLANT,
AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, PLAINTIFF-RESPONDENT, V ERIE CANAL HARBOR DEVELOPMENT
CORPORATION, DEFENDANT-RESPONDENT. (ACTION NO. 2.)
——————————————————————&
mdash;———— DIPIZIO CONSTRUCTION COMPANY, INC., PLAINTIFF-APPELLANT, V NEW YORK STATE URBAN DEVELOPMENT
CORPORATION, DOING BUSINESS AS EMPIRE STATE DEVELOPMENT, ERIE CANAL HARBOR DEVELOPMENT CORPORATION, SAM HOYT, THOMAS DEE AND
MARK E. SMITH, DEFENDANTS-RESPONDENTS. (ACTION NO. 3.) |
Appellant having moved for leave to appeal to the Court of Appeals from the order of this Court entered March 24, 2017,
Now, upon reading and filing the affirmation of Daniel W. Isaacs, Esq., received May 4, 2017, the notice of motion with proof of service thereof, the affidavit of William J. Brennan, Esq., sworn to May 11, 2017, and the affidavit of Benjamin D. Lentz, Esq., sworn to May 11, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: June 9, 2017
Frances E. Cafarell, Clerk