Almeida Oil Co., Inc. v Singer Holding Corp.
2008 NY Slip Op 04297 [51 AD3d 607]
May 6, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 16, 2008


Almeida Oil Co., Inc., et al., Plaintiffs,
v
Singer Holding Corp., Defendant and Third-Party Plaintiff-Respondent. West Vernon Petroleum Corp., Third-Party Defendant-Appellant.

—[*1] Robert A. Roseman, New York, N.Y., for third-party defendant-appellant.

Gallet Dreyer & Berkey, LLP, New York, N.Y. (David S. Douglas of counsel), for defendant third-party plaintiff-respondent.

Jeffrey S. Greene (Sanford F. Young, P.C., New York, N.Y., of counsel), for plaintiffs.

In an action to recover damages for breach of contract, the third-party defendant appeals from so much of an order of the Supreme Court, Westchester County (Colabella, J.), entered December 19, 2006, as denied its cross motion for summary judgment dismissing the third-party complaint.

Ordered that the appeal is dismissed as academic, without costs or disbursements, in light of our determination in Almeida Oil Co., Inc. v Singer Holding Corp. (51 AD3d 604 [decided herewith]). Rivera, J.P., Spolzino, Dillon and Balkin, JJ., concur.