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DIPIZIO CONSTR. CO., INC. v. ERIE CANAL HARBOR DEV. CORP.

120 A.D.3d 911 (2014)

990 N.Y.S.2d 426

2014 NY Slip Op 05712

DIPIZIO CONSTRUCTION COMPANY, INC., Respondent, v. ERIE CANAL HARBOR DEVELOPMENT CORPORATION, Appellant. (Appeal No. 3.)

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

Decided August 8, 2014.

Appeal from an amended order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered November 4, 2013. The amended order granted the motion of plaintiff-petitioner for partial summary judgment and denied the cross motion of defendant-respondent for partial summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Matter of Kolasz v Levitt, 63 A.D.2d 777

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