Verizon N.Y., Inc. v LaBarge Bros. Co., Inc.
2011 NY Slip Op 00863 [81 AD3d 1298]
February 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 30, 2011


Verizon New York, Inc., Appellant,
v
LaBarge Brothers Co., Inc., Respondents. (Appeal No. 4.)

—[*1] Edward C. Cosgrove, Buffalo (James C. Cosgrove of counsel), for plaintiff-appellant. Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Ann Magnarelli Alexander of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered March 4, 2010. The order denied plaintiff's motion for leave to renew and reargue.

It is hereby ordered that said appeal from the order insofar as it denied those parts of plaintiff's motion for leave to reargue its opposition to defendants' motion for summary judgment dismissing the complaint and for leave to reargue its cross motion is unanimously dismissed and the order is otherwise affirmed without costs (see Verizon N.Y., Inc. v LaBarge Bros. Co., Inc., 81 AD3d 1294 [2011]). Present—Smith, J.P., Fahey, Carni, Sconiers and Martoche, JJ.