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COLONY OF HOLBROOK, INC. v. KLEET LUMBER COMPANY, INC.

265 A.D.2d 369 (1999)

696 N.Y.S.2d 841

COLONY OF HOLBROOK, INC., Plaintiff, v. KLEET LUMBER COMPANY, INC., Defendant and Third-Party Plaintiff-Appellant, et al., Defendants, SHAKERTOWN CORP. et al., Appellants, and GIRARD CUSTOM COATERS, Defendant and Third-Party Plaintiff-Respondent. GASPAR LAPIANA, Third-Party Defendant-Respondent, et al., Third-Party Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 12, 1999.

Ordered that the appeals by the defendants Shakertown Corp. and Summit Management Co. are dismissed, for failure to perfect the same in accordance with the rules of this Court (see, 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the order is affirmed insofar as appealed from by Kleet Lumber Company, Inc., with one bill of costs payable by the appellant Kleet Lumber Company, Inc.

The respondent Girard Custom Coaters made out a prima facie...

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