| Modern Tech Design & Services v Environmental & Demolition Consultants |
| 2004 NY Slip Op 01934 [5 AD3d 1132] |
| Decided on March 19, 2004 |
| Appellate Division, Fourth 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 March 19, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., WISNER, HURLBUTT, KEHOE, AND LAWTON, JJ.
311 CA 03-02107
[*1]MODERN TECH DESIGN & SERVICES, INC., PLAINTIFF-RESPONDENT, ORDER
v
ENVIRONMENTAL & DEMOLITION CONSULTANTS, INC., AND STAR INSURANCE COMPANY, DEFENDANTS-APPELLANTS.
Appeal from an order and judgment (one document) of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered March 17, 2003. The order and judgment awarded plaintiff judgment against defendants in the amount of $16,849.44, together with interest and costs, after a nonjury trial.
SULLIVAN OLIVERIO & GIOIA LLP, BUFFALO (RICHARD T. SULLIVAN OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
NIXON PEABODY LLP, ROCHESTER (JAMES A. HOARE OF COUNSEL), FOR DEFENDANT-APPELLANT STAR INSURANCE COMPANY.
PARRINO, COOPER & DOBSON, WILLIAMSVILLE (ROBERT W. MICHALAK OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the order and judgment so appealed from be and the same hereby is unanimously affirmed with costs.
Entered: March 19, 2004
JoAnn M. Wahl
Clerk of the Court