Gallo v. Facilities Development Corp.

Appellate Division of the Supreme Court of New York

Gallo v. Facilities Development Corp.

259 A.D.2d 1044, 689 N.Y.S.2d 902

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

DecidedMarch 31, 1999

DocketAppeal No. 1

StatusPublished

This text of 259 A.D.2d 1044 (Gallo v. Facilities Development Corp.) 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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Gallo v. Facilities Development Corp., 259 A.D.2d 1044, 689 N.Y.S.2d 902 (N.Y. Ct. App. 1999).

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Opinion

Appeal by third-party plaintiffs Pike/McCarthy, The Pike Company, Inc., and McCarthy Brothers Company unanimously dismissed upon stipulation and order affirmed without costs. Memorandum: Third-party plaintiff The Facilities Development Corporation did not raise the issue of its entitlement to counsel fees and disbursements in its brief. That issue is therefore deemed abandoned (see, Ciesinski v Town of Aurora, 202 AD2d 984). (Appeal from Order of Supreme Court, Monroe County, Lunn, J. — Summary Judgment.) Present — Denman, P. J., Green, Pine, Hayes and Hurlbutt, JJ.

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Appeal by third-party plaintiffs Pike/McCarthy, The Pike Company, Inc., and McCarthy Brothers Company unanimously dismissed upon stipulation and order affirmed without costs. Memorandum: Third-party plaintiff The Facilities Development Corporation did not raise the issue of its entitlement to counsel fees and disbursements in its brief. That issue is therefore deemed abandoned (see, Ciesinski v Town of Aurora, 202 AD2d 984). (Appeal from Order of Supreme Court, Monroe County, Lunn, J. — Summary Judgment.) Present — Denman, P. J., Green, Pine, Hayes and Hurlbutt, JJ.

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259 A.D.2d 1044, 689 N.Y.S.2d 902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallo-v-facilities-development-corp-nyappdiv-1999.

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