| Matter of Travelers Cas. & Sur. Co. of Am. v Erie Canal Harbor Dev. Corp. |
| 2021 NY Slip Op 00680 [191 AD3d 1256] |
| February 5, 2021 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Travelers Casualty and Surety Company of
America, Asserting Claims in its Own Right and as the Assignee and Real Party in Interest of the
Claims of DiPizio Construction Company, Inc., Appellant, v Erie Canal Harbor Development Corporation, Respondent. |
Chiesa Shahinian & Giantomasi PC, New York City (Adam P. Friedman of counsel), for plaintiff-petitioner-appellant.
Phillips Lytle LLP, Buffalo (William J. Brennan of counsel), for defendant-respondent-respondent.
Couch White, LLP, Albany (Joel M. Howard, III, of counsel), for Associated General Contractors of NYS, LLC, and others, amici curiae.
Appeal from an order of the Supreme Court, Erie County (Henry J. Nowak, J.), entered August 16, 2019. The order granted plaintiff-petitioner's motion for leave to reargue, and upon reargument, adhered to a prior order granting defendant-respondent's motion for partial summary judgment.
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, NeMoyer and Winslow, JJ.