*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 450

CA 16-02009

PRESENT: WHALEN, P.J., SMITH, CENTRA, TROUTMAN, AND SCUDDER, JJ. ORCHARD EARTH AND PIPE CORPORATION,

PLAINTIFF-APPELLANT,

V ORDER CONCRETE SLIPFORM, INC., DEFENDANT-RESPONDENT.

TADDEO & SHAHAN, LLP, SYRACUSE (STEVEN C. SHAHAN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

BYRNE, COSTELLO & PICKARD, P.C., SYRACUSE (GREGORY P. BAZAN OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Onondaga County (Spencer J. Ludington, A.J.), entered July 18, 2016. The order, insofar as appealed from, granted those parts of the motion of defendant seeking summary judgment dismissing plaintiff’s first and second causes of action.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: April 28, 2017 Frances E. Cafarell

Clerk of the Court