| Town of New Hartford v D'onofrio Gen. Contrs. Corp. |
| 2004 NY Slip Op 09885 [13 AD3d 1236] |
| Decided on December 30, 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 December 30, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PINE, J.P., SCUDDER, KEHOE, SMITH, AND LAWTON, JJ.
1589 CA 04-00212
[*1]TOWN OF NEW HARTFORD AND VILLAGE OF NEW HARTFORD, PLAINTIFFS-RESPONDENTS, ORDER
v
D'ONOFRIO GENERAL CONTRACTORS CORPORATION, DEFENDANT-APPELLANT.
Appeal from an order and judgment (one paper) of the Supreme Court, Oneida County (Robert F. Julian, J.), entered December 2, 2003. The order and judgment denied defendant's motion for summary judgment dismissing the complaint and granted plaintiffs' cross motion for partial summary judgment on the cause of action for breach of contract.
TREACY, SCHAFFEL, MOORE & MUELLER, NEW YORK (GARY J. MUELLER OF COUNSEL), FOR DEFENDANT-APPELLANT.
ROSSI AND MURNANE, UTICA (VINCENT J. ROSSI, JR., OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
It is hereby ORDERED that the order and judgment so appealed from be and the same hereby is unanimously affirmed with costs.
Entered: December 30, 2004
JoAnn M. Wahl
Clerk of the Court