| Amherst Paving, Inc. v Paul J. Gallo Contr., Inc. |
| 2005 NY Slip Op 09861 [24 AD3d 1328] |
| Decided on December 22, 2005 |
| 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 22, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, PINE, LAWTON, AND HAYES, JJ.
1449 CA 05-01571
[*1]AMHERST PAVING, INC., PLAINTIFF-RESPONDENT, ORDER
v
PAUL J. GALLO CONTRACTING, INC. AND GREAT AMERICAN INSURANCE COMPANY, DEFENDANTS-APPELLANTS.
Appeals from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered October 22, 2004. The order, insofar as appealed from, denied defendants' cross motions for summary judgment dismissing the complaint.
PHILLIPS LYTLE LLP, BUFFALO (PRESTON L. ZARLOCK OF COUNSEL), FOR DEFENDANT-APPELLANT PAUL J. GALLO CONTRACTING, INC.
ERNSTROM & DRESTE LLP, ROCHESTER (KEVIN K. MC KAIN OF COUNSEL), FOR DEFENDANT-APPELLANT GREAT AMERICAN INSURANCE COMPANY.
BLOOM, COLE & SHONN, LLP, BUFFALO (STEPHANIE A. COLE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: December 22, 2005
JoAnn M. Wahl
Clerk of the Court