Ward v Guardian Indus. Corp. (2005 NY Slip Op 03460)

Ward v Guardian Indus. Corp.

2005 NY Slip Op 03460 [17 AD3d 1099]

April 29, 2005

Appellate Division, Fourth Department

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

As corrected through Wednesday, June 22, 2005

Guy M. Ward, Doing Business as Johnston Equipment Company, Respondent, v Guardian Industries Corp., Appellant. (Appeal No. 1.)

—[*1]Appeal from an order of the Supreme Court, Ontario County (Frederick G. Reed, A.J.), entered August 24, 2004. The order, insofar as appealed from, denied defendant's motion to dismiss the complaint and granted that part of plaintiff's cross motion seeking summary judgment.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Green, J.P., Hurlbutt, Kehoe, Smith and Hayes, JJ.