Oneida Indian Nation v Pike Co., Inc.
2007 NY Slip Op 10198 [46 AD3d 1337]
December 21, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 13, 2008


Oneida Indian Nation, Appellant, v The Pike Company, Inc., Respondent.

—[*1] Mackenzie Hughes LLP, Syracuse (David M. Garber of counsel) and Oneida Indian Nation Legal Department, Verona, for plaintiff-appellant.

Phillips Lytle LLP, Rochester (Mark J. Moretti of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered October 5, 2006 in a breach of contract action. The order granted defendant's cross motion for summary judgment dismissing the complaint and denied as academic plaintiff's motion to consolidate this action with another action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Scudder, P.J., Hurlbutt, Fahey, Green and Pine, JJ.