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Custom Topsoil, Inc. v. City of Buffalo

12 A.D.3d 1164, 784 N.Y.S.2d 421, 2004 N.Y. App. Div. LEXIS 13867
Procedural entryThis page is a short order in Custom Topsoil, Inc. v. City of Buffalo. Read the opinion of the Court — 12 A.D.3d 1162 →
Appellate Division of the Supreme Court of the State of New York·Decided November 19, 2004·No. Appeal No. 2·Published

Opinion

Appeal and cross appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered October 9, 2003. The order denied plaintiffs’ motion pursuant to CPLR 5015 (a) and denied the cross motion of defendants Flexo Transparent, Inc., Diane M. McCarthy and Patrick J. McCarthy to resettle the order entered July 2, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the cross motion and vacating the third ordering paragraph and as modified the order is affirmed without costs.

Same memorandum as in Custom Topsoil v City of Buffalo (12 AD3d 1162 [2004]). Present—Pigott, Jr., PJ., Green, Kehoe, Gorski and Hayes, JJ.

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Custom Topsoil, Inc. v. City of Buffalo, 12 A.D.3d 1164, 784 N.Y.S.2d 421, 2004 N.Y. App. Div. LEXIS 13867 (N.Y. Ct. App. 2004).

12 A.D.3d 1164 (Custom Topsoil, Inc. v. City of Buffalo) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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Custom Topsoil, Inc. v. City of Buffalo
12 A.D.3d 1162 (Appellate Division of the Supreme Court of New York, 2004)