Level 3 Communications, LLC v. Petrillo Contracting, Inc.

In an action to recover damages for injury to property, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Nicolai, J.), entered April 3, 2009, as denied their motion for summary judgment on the issue of liability against the defendant Concrete Cutting Company, Inc., and granted that branch of the cross motion of the defendant Concrete Cutting Company, Inc., which was for summary judgment dismissing the cause of action to recover damages for negligence insofar as asserted against it, and the defendant Concrete Cutting Company,…