Widewaters Herkimer Co. v. Aiello
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Onondaga County (Thomas J. Murphy, J.), entered December 15, 2004. The order, inter alia, granted plaintiffs’ cross motion for partial summary judgment dismissing the counterclaims.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying that part of the cross motion with respect to the second through sixth counterclaims and reinstating those counterclaims and as modified the order is affirmed without costs.
Memorandum: Plaintiffs, Widewaters Herkimer Company, LLC (Widewaters) and Eljoe…
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