| Sba Network Servs., Inc. v Fred A. Nudd Corp. |
| 2006 NY Slip Op 01980 [27 AD3d 1204] |
| Decided on March 17, 2006 |
| 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 March 17, 2006
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, GREEN, AND HAYES, JJ.
246 CA 05-02176
[*1]SBA NETWORK SERVICES, INC., PLAINTIFF-RESPONDENT, ORDER
v
FRED A. NUDD CORPORATION, DEFENDANT-APPELLANT, GEORGE R. UNDERHILL AND UNDERHILL CONSULTING ENGINEER, P.C., DEFENDANTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Wayne County (Kenneth R. Fisher, J.), entered July 1, 2005. The order, insofar as appealed from, denied in part the motion of defendant Fred A. Nudd Corporation for summary judgment dismissing the complaint against it, granted plaintiff's cross motion for partial summary judgment on the issue of liability under the first three causes of action against defendant Fred A. Nudd Corporation and granted the cross motion of defendants George R. Underhill and Underhill Consulting Engineer, P.C. for summary judgment dismissing the cross claim of defendant Fred A. Nudd Corporation.
KAMAN, BERLOVE, MARAFIOTI, JACOBSTEIN & GOLDMAN, LLP, ROCHESTER (STEVEN A. MAAS OF COUNSEL), FOR DEFENDANT-APPELLANT.
PHILLIPS LYTLE LLP, ROCHESTER (MARK J. MORETTI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
SUGARMAN LAW FIRM, LLP, SYRACUSE (MATTHEW D. GUMAER OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: March 17, 2006
JoAnn M. Wahl
Clerk of the Court