Prevost v. Associated Materials, LLC

2025 NY Slip Op 03399
Appellate Division of the Supreme Court of the State of New York·Decided June 6, 2025·No. 39 CA 24-01166·Published

Opinion

Prevost v Associated Materials, LLC (2025 NY Slip Op 03399)
Prevost v Associated Materials, LLC
2025 NY Slip Op 03399
Decided on June 6, 2025
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on June 6, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: LINDLEY, J.P., MONTOUR, OGDEN, DELCONTE, AND HANNAH, JJ.

39 CA 24-01166

[*1]DAKOTA PREVOST, PLAINTIFF-APPELLANT,

v

ASSOCIATED MATERIALS, LLC, ET AL., DEFENDANTS, AND CREEKSIDE RENOVATIONS, LLC, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)


KENNY & KENNY, PLLC, SYRACUSE (HEIDI M.P. HYSELL OF COUNSEL), FOR PLAINTIFF-APPELLANT.

COSTELLO, COONEY & FEARON, PLLC, SYRACUSE (JAMES J. GASCON OF COUNSEL), FOR DEFENDANT-RESPONDENT.



Appeal from a "letter decision and order" of the Supreme Court, Onondaga County (Robert E. Antonacci, II, J.), entered January 26, 2024. The "letter decision and order" denied plaintiff's motion for, inter alia, partial summary judgment.

It is hereby ORDERED that said appeal is unanimously dismissed

without costs.

Same memorandum as in Prevost v Associated Materials, LLC ([appeal No. 1] — AD3d — [June 6, 2025] [4th Dept 2025]).

Entered: June 6, 2025

Ann Dillon Flynn

Clerk of the Court



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Prevost v. Associated Materials, LLC, 2025 NY Slip Op 03399 (N.Y. Ct. App. 2025).

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Related

§ 431
New York JUD § 431