Otis El. Co. v Hunt Constr. Group, Inc.
2008 NY Slip Op 05446 [52 AD3d 1315] [52 AD3d 1315]
June 13, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


Otis Elevator Company, Respondent, v Hunt Construction Group, Inc., Appellant. (Appeal No. 1.)

—[*1] Hancock & Estabrook, LLP, Syracuse (John G. Powers of counsel), Thelen Reid Brown Raysman & Steiner, LLP, Washington, D.C., for defendant-appellant.

Hiscock & Barclay, LLP, Syracuse (Alan R. Peterman of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered June 8, 2007 in a breach of contract action. The order, among other things, granted plaintiff's motion for partial summary judgment and denied defendant's cross motion for summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Hurlbutt, J.P., Martoche, Lunn, Green and Gorski, JJ.