TILTCRETE, LLC v. WIDEWATERS CONSTRUCTION INC. ( 2012 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 965 CA 11-02301 PRESENT: SCUDDER, P.J., CENTRA, SCONIERS, AND MARTOCHE, JJ. TILTCRETE, LLC, PLAINTIFF-APPELLANT, V ORDER WIDEWATERS CONSTRUCTION, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 1.) LONGSTREET & BERRY, LLP, SYRACUSE (MICHAEL J. LONGSTREET OF COUNSEL), FOR PLAINTIFF-APPELLANT. HISCOCK & BARCLAY, LLP, SYRACUSE (ALAN R. PETERMAN OF COUNSEL), FOR DEFENDANT-RESPONDENT. Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered July 15, 2011 in a breach of contract action. The order dismissed the complaint and awarded money damages to defendant after a nonjury trial. It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Matter of Laborers Intl. Union of N. Am., Local 210, AFL-CIO v Shevlin-Manning, Inc., 147 AD2d 977). Entered: September 28, 2012 Frances E. Cafarell Clerk of the Court