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MARJAM SUPPLY COMPANY, INC. v. DRYWALL SURGEON SPECIALISTS, INC.

2009-10277.

78 A.D.3d 908 (2010)

910 N.Y.S.2d 679

MARJAM SUPPLY COMPANY, INC., Respondent, v. DRYWALL SURGEON SPECIALISTS, INC., Defendant, and ANTHONY ORLANDO, Appellant.

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

Decided November 16, 2010.

Ordered that on the Court's own motion, the notice of appeal from the order dated September 17, 2009, is deemed a premature notice of appeal from the judgment (see CPLR 5520[c]); and it is further,

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The plaintiff made a prima facie showing of its entitlement to judgment as a matter of law by the submission, inter alia, of documentary evidence and the affidavit of the plaintiff...

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