| Travelers Cas. & Sur. Co. of Am. v Erie Canal Harbor Dev. Corp. |
| 2020 NY Slip Op 00729 [179 AD3d 1464] |
| January 31, 2020 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Travelers Casualty and Surety Company of America, in
its Own Right and as Assignee of DiPizio Construction Company, Inc.,
Petitioner, v Erie Canal Harbor Development Corporation, Respondent. DiPizio Construction Company, Inc., Nonparty Appellant. |
Law Offices of Daniel W. Isaacs, PLLC, East Rockaway (Daniel W. Isaacs of counsel), for nonparty appellant.
Phillips Lytle LLP, Buffalo (Andrew P. Devine of counsel), for defendant-respondent-respondent.
Appeal from an order of the Supreme Court, Erie County (Henry J. Nowak, J.), entered January 29, 2019. The order denied the motion of nonparty DiPizio Construction Company, Inc. seeking to intervene.
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., Carni, Lindley and NeMoyer, JJ.