LaFever Excavating, Inc. v Hartford Cas. Ins. Co.
2008 NY Slip Op 08820 [56 AD3d 1170]
November 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


LaFever Excavating, Inc., Respondent, v Hartford Casualty Insurance Company and/or Hartford Fire Insurance Company, Appellant.

—[*1] Neil B. Connelly, Esq., P.L.L.C., White Plains (Neil B. Connelly of counsel), for defendant-appellant.

Sheats & Associates, P.C., Brewerton (Edward J. Sheats, Jr., of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered August 16, 2007 in a breach of contract action. The order denied defendant's motion for partial summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court (LaFever Excavating, Inc. v Hartford Cas. Ins. Co., 16 Misc 3d 1123[A], 2007 NY Slip Op 51556[U] [2007]). Present—Scudder, P.J., Hurlbutt, Lunn, Green and Gorski, JJ.