| 2001, Inc. v Shaffer Bldg. Servs., Inc. |
| 2025 NY Slip Op 04336 [240 AD3d 1293] |
| July 25, 2025 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| 2001, Inc., Respondent, v Shaffer Building Services, Inc., Appellant, et al., Defendant. (Appeal No. 3.) |
Longstreet & Berry, LLP, Fayetteville (Michael J. Longstreet of counsel), for defendant-appellant.
Zisholtz & Zisholtz, LLP, Garden City (Stuart Shalom Zisholtz of counsel), for plaintiff-respondent.
Appeal from a judgment of the Supreme Court, Oswego County (Gregory R. Gilbert, J.), entered July 1, 2024. The judgment awarded plaintiff money damages against defendant Shaffer Building Services, Inc.
It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying the motion of defendant TDJ Properties, LLC, in part and reinstating the second cross-claim of defendant Shaffer Building Services, Inc. against defendant TDJ Properties, LLC, and as modified the judgment is affirmed without costs and the matter is remitted to Supreme Court, Oswego County, for further proceedings in accordance with the same memorandum as in 2001, Inc. v Shaffer Bldg. Servs., Inc. ([appeal No. 1] 240 AD3d 1289 [4th Dept 2025]). Present—Whalen, P.J., Curran, Smith, DelConte and Hannah, JJ.