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CHESTNUT HILL REAL ESTATE v. CONTRACTORS CASUALTY & SURETY COMPANY

280 A.D.2d 446 (2001)

719 N.Y.S.2d 892

CHESTNUT HILL REAL ESTATE, Appellant, v. CONTRACTORS CASUALTY & SURETY COMPANY et al., Respondents.

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

Decided February 5, 2001.

Ordered that the appeal from so much of the order as imposed costs on the plaintiff's attorney is dismissed, as the plaintiff is not aggrieved by that portion of the order (see, Scopelliti v Town of New Castle, 92 N.Y.2d 944); and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the cross motion which was to dismiss the complaint insofar as asserted against...

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