J.P. Doumak, Inc. v Westgate Fin. Corp.
2004 NYSlipOp 01142
Decided on February 19, 2004
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on February 19, 2004
Buckley, P.J., Nardelli, Andrias, Rosenberger, Friedman, JJ.
97- 98

[*1]J.P. Doumak, Inc., Plaintiff-Respondent,

v

Westgate Financial Corp., Defendant-Appellant.





David P. Lennon
Todd Strassberg

Judgment, Supreme Court, New York County (Helen Freedman, J.), entered December 4, 2001, reversed, on the law, without costs, plaintiff's cross motion for summary judgment denied, and defendant's motion for summary judgment dismissing the complaint granted. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint. Appeal from order, same court and Justice, entered December 3, 2001, dismissed, without costs, as subsumed in the appeal from the judgment.

Opinion by Friedman, J. All concur except Nardelli and Andrias, JJ. who dissent in an Opinion by Andrias, J.

Order filed.