Beit Shalom, Inc. v Verizon N.Y., Inc.
2013 NY Slip Op 08726 [112 AD3d 1342]
December 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 29, 2014


Beit Shalom, Inc., et al., Respondents,
v
Verizon New York, Inc., Appellants, et al., Defendants.

—[*1] Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Brady J. O'Malley of counsel), for defendants-appellants.

David G. Goldbas, Utica, for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered February 6, 2013. The order granted the motion of plaintiffs for leave to reargue their opposition to that part of the cross motion of defendants Verizon New York, Inc., New York Telephone Co., Inc. and Verizon Communication, Inc. to dismiss the first cause of action and, upon reargument, denied the cross motion with respect to that cause of action.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Smith, J.P., Fahey, Carni, Valentino and Whalen, JJ.