| Alleghany Constr. Inc. v Chautauqua Woods Corp. |
| 2021 NY Slip Op 07409 [200 AD3d 1699] |
| December 23, 2021 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Alleghany Construction Inc.,
Respondent, v Chautauqua Woods Corp. et al., Appellants. (Appeal No. 1.) |
Cotter & Cotter, Buffalo (David B. Cotter of counsel), for defendants-appellants.
Wright, Wright and Hampton, Jamestown (Joseph M. Calimeri of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Chautauqua County (Lynn W. Keane, J.), entered November 25, 2020. The order granted the motion of plaintiff for summary judgment and awarded plaintiff money damages.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Same memorandum as in Alleghany Constr. Inc. v Chautauqua Woods Corp. ([appeal No. 2] 200 AD3d 1699 [4th Dept 2021]). Present—Centra, J.P., Peradotto, Troutman, Winslow and DeJoseph, JJ.