O'Connell Elec. Co., Inc. v Hunt Constr. Group, Inc.
2008 NY Slip Op 00795 [48 AD3d 1076]
February 1, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


O'Connell Electric Company, Inc., Doing Business as Syracuse Merit Electric, Respondent, v Hunt Construction Group, Inc., Appellant.

—[*1] Hancock & Estabrook, LLP, Syracuse, Thelen Reid Brown Raysman & Steiner, LLP, Washington, D.C. (Michael S. McNamara, of the Washington, D.C. and Washington bars, admitted pro hac vice, of counsel), for defendant-appellant.

Harris Beach PLLC, Pittsford (Joseph A. Turri of counsel), for plaintiff-respondent.

Appeal from a judgment and order (one paper) of the Supreme Court, Ontario County (John J. Ark, J.), entered November 13, 2006 in an action for breach of contract. The judgment and order, insofar as appealed from, granted in part plaintiff's motion for partial summary judgment, awarded plaintiff judgment in the sum of $1,264,255 against defendant and denied defendant's cross motion for summary judgment dismissing the complaint.

It is hereby ordered that the judgment and order so appealed from is unanimously affirmed with costs. Present—Scudder, P.J., Martoche, Smith, Green and Gorski, JJ.