Carney v Pavilion Drainage Supply Co., Inc.
2014 NY Slip Op 01906 [115 AD3d 1233]
March 21, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 30, 2014


—Norman J. Carney, Appellant, v Pavilion Drainage Supply Co., Inc., Respondent.

—[*1] Leclair Korona Giordano Cole LLP, Rochester (Mary Jo S. Korona of counsel), for plaintiff-appellant.

Dadd, Nelson & Wilkinson, Attica (David H. Nelson of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), entered April 26, 2013. The order, insofar as appealed from, granted in part the motion of defendant for summary judgment and denied the cross motion of plaintiff to compel discovery.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Centra, J.P., Peradotto, Carni, Valentino and Whalen, JJ.