Edgewater Constr. Co. v 81 & 3 of Watertown (2003 NY Slip Op 18762)

Edgewater Constr. Co. v 81 & 3 of Watertown

2003 NY Slip Op 18762 [1 AD3d 1054]

November 21, 2003

Appellate Division, Fourth Department

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

As corrected through Wednesday, January 28, 2004

Edgewater Construction Co., Inc., Respondent,
v
81 & 3 of Watertown, Inc., et al., Appellants, et al., Defendants. (Appeal No. 1.)

—Appeal from that part of an order of Supreme Court, Onondaga County (Centra, J.), entered September 26, 2002, that awarded plaintiff $583,698.80 in damages, plus interest and costs, against defendants 81 & 3 of Watertown, Inc., Pasquale D. Cipolla, Mary Ripper, Bella Vista Group, Inc. and Innovative Realty, Inc.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Matter of Laborers Intl. Union of N. Am., Local 210, AFL-CIO v Shevlin-Manning, Inc., 147 AD2d 977 [1989]). Present—Pine, J.P., Wisner, Hurlbutt, Gorski and Lawton, JJ.