| La Fever Excavating, Inc. v Hartford Cas. Ins. Co. |
| 2005 NY Slip Op 09897 [24 AD3d 1329] |
| 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: HURLBUTT, J.P., SCUDDER, GORSKI, MARTOCHE, AND SMITH, JJ.
1487 CA 05-01380
[*1]LA FEVER EXCAVATING, INC., PLAINTIFF-APPELLANT, ORDER
v
HARTFORD CASUALTY INSURANCE COMPANY AND/OR HARTFORD FIRE INSURANCE COMPANY, DEFENDANTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered March 10, 2005 in a breach of contract action. The order denied plaintiff's motion for summary judgment.
MELVIN & MELVIN, PLLC, SYRACUSE (JASON N. BURNS OF COUNSEL), FOR PLAINTIFF-APPELLANT.
NEIL B. CONNELLY, WHITE PLAINS, FOR DEFENDANTS-RESPONDENTS.
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