Darien Lake Theme Park & Camping Resort, Inc. v Contour Erection & Siding Sys., Inc. (2005 NY Slip Op 07045)

Darien Lake Theme Park & Camping Resort, Inc. v Contour Erection & Siding Sys., Inc.

2005 NY Slip Op 07045 [21 AD3d 1280]

September 30, 2005

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, November 16, 2005

Darien Lake Theme Park and Camping Resort, Inc., Respondent, v Contour Erection & Siding Systems, Inc., Appellant.

—[*1]Appeal from a decision of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), entered May 21, 2004. The decision, inter alia, awarded attorney's fees and costs to plaintiff.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Kuhn v Kuhn, 129 AD2d 967 [1987]). Present—Pigott, Jr., P.J., Hurlbutt, Gorski, Pine and Hayes, JJ.