Caysea Contracting Corp. v. Massa ConStruction, Inc.

Appellate Division of the Supreme Court of New York

Caysea Contracting Corp. v. Massa ConStruction, Inc.

2017 NY Slip Op 6741, 153 A.D.3d 1574, 60 N.Y.S.3d 895

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 29, 2017

Docket956 CA 16-02275

StatusPublished

This text of 2017 NY Slip Op 6741 (Caysea Contracting Corp. v. Massa ConStruction, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Caysea Contracting Corp. v. Massa ConStruction, Inc., 2017 NY Slip Op 6741, 153 A.D.3d 1574, 60 N.Y.S.3d 895 (N.Y. Ct. App. 2017).

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Opinion

Appeal from an order of the Supreme Court, Ontario County *1575 (Matthew A. Rosenbaum, J.), entered October 3, 2016. The order denied the motion of defendants Massa Construction, Inc., and International Fidelity Insurance seeking to dismiss plaintiff’s complaint as against them.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated in the decision at Supreme Court. We write only to note that defendant International Fidelity Insurance did not take an appeal from the order (see CPLR 5515 [1]) and, therefore, any contentions raised by it are beyond our review (see Hecht v City of New York, 60 NY2d 57, 61 [1983]; Matter of Sheldon v Jaroszynski, 142 AD3d 762, 762-763 [2016]).

Present — Whalen, P.J., Smith, Centra, Peradotto and Carni, JJ.

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Appeal from an order of the Supreme Court, Ontario County *1575 (Matthew A. Rosenbaum, J.), entered October 3, 2016. The order denied the motion of defendants Massa Construction, Inc., and International Fidelity Insurance seeking to dismiss plaintiff’s complaint as against them.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated in the decision at Supreme Court. We write only to note that defendant International Fidelity Insurance did not take an appeal from the order (see CPLR 5515 [1]) and, therefore, any contentions raised by it are beyond our review (see Hecht v City of New York, 60 NY2d 57, 61 [1983]; Matter of Sheldon v Jaroszynski, 142 AD3d 762, 762-763 [2016]).

Present — Whalen, P.J., Smith, Centra, Peradotto and Carni, JJ.

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Bluebook (online)

2017 NY Slip Op 6741, 153 A.D.3d 1574, 60 N.Y.S.3d 895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caysea-contracting-corp-v-massa-construction-inc-nyappdiv-2017.

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