Gerrity Co. v. Bonacquisti Construction Corp.

Appeal from an order and judgment of the Supreme Court (Doran, J.), entered December 7, 1988 in Albany County, which, inter alia, granted plaintiffs motion for summary judgment against defendant Norstar Bank of Upstate NY.

On a prior appeal this court modified an order of Supreme Court by reversing so much thereof as granted plaintiffs motion for summary judgment against defendant Norstar Bank of Upstate NY (hereinafter Norstar), and affirmed the denial of Norstar’s cross motion for summary judgment (136 AD2d 59). We stated in that decision that Norstar would not be liable for diversion of…