Matter of Matter of Diamond Waterproofing Co. v 55 Liberty Owners Corp.
2004 NYSlipOp 02113
Decided on March 23, 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 March 23, 2004
Ellerin, J.P., Williams, Lerner, Marlow, JJ.
3069N- 3070N, 3071N

[*1]In re Diamond Waterproofing Co., Inc., Petitioner-Respondent,

v

55 Liberty Owners Corp., Respondent-Appellant.



In re Diamond Waterproofing Systems, Inc., Petitioner-Respondent,

v

55 Liberty Owners Corp., Respondent-Appellant.





Ira L. Hyams
Harry W. Lipman
Ira L. Hyams
Harry W. Lipman

Judgment, Supreme Court, New York County (Robert Lippmann, J.), entered July 31, 2003, reversed, on the law, with costs, petitioner's application denied, the cross motion granted and the petition dismissed. Appeals from judgment, same court (Leland DeGrasse, J.), entered February 10, 2003, and order, same court and Justice, entered April 4, 2003, dismissed, without costs, as academic.

Opinion by Lerner, J. All concur.

Order filed.