| Phelps Guide Rail v United States Fid. & Guar. Co. |
| 2006 NY Slip Op 00871 [26 AD3d 837] |
| February 3, 2006 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Phelps Guide Rail, Appellant, v United States Fidelity & Guaranty Company et al., Respondents. (Appeal No. 1.) |
—[*1]Appeal from an order of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered August 6, 2004. The order, inter alia, granted the motion of defendant United States Fidelity & Guaranty Company seeking dismissal of the complaint against it as time-barred.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051 [1990]). Present—Pigott, Jr., P.J., Martoche, Smith, Pine and Hayes, JJ.