Banack v NVR, Inc.
2008 NY Slip Op 03812 [50 AD3d 1545]
April 25, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


David Banack, Plaintiff, v NVR, Inc., t/a Ryan Homes of New York, Defendant and Third-Party Plaintiff-Respondent. Associated Materials, Inc., Doing Business as Alside and/or Alside Supply, Third-Party Defendant-Appellant.

—[*1] Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Daniel R. Ryan of counsel), for Third-party defendant-appellant.

Greene, Hershdorfer & Sharpe, Syracuse (Sherry R. Bruce of counsel), for Third-party plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered May 23, 2007 in a breach of contract action. The order granted the motion of defendant-third-party plaintiff for partial summary judgment on liability against third-party defendant.

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