Board of Education v. J.D. Taylor Construction Corp.

Appeal from an order of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered May 9, 2011. The order, among other things, denied the motion of defendant QPK Design for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting those parts of defendant QPK Design’s motion for summary judgment dismissing the third and fourth cross claims of defendant Turner *1192Construction Company against it and as modified the order is affirmed without costs.

Memorandum: We conclude that Supreme Court erred in denying those parts of defendant…