Tiltcrete, LLC v Widewaters Constr., Inc. (2012 NY Slip Op 06450)

Tiltcrete, LLC v Widewaters Constr., Inc.

2012 NY Slip Op 06450 [98 AD3d 1288]

September 28, 2012

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, October 24, 2012

Tiltcrete, LLC, Appellant, v Widewaters Construction, Inc., Respondent. (Appeal No. 1.)

—[*1] Longstreet & Berry, LLP, Syracuse (Michael J. Longstreet of counsel), for plaintiff-appellant.

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

Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered July 15, 2011 in a breach of contract action. The order dismissed the complaint and awarded money damages to defendant after a nonjury trial.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Matter of Laborers Intl. Union of N. Am., Local 210, AFL-CIO v Shevlin-Manning, Inc., 147 AD2d 977 [1989]). Present—Scudder, P.J., Centra, Sconiers and Martoche, JJ.