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TRIPLE M. ROOFING CORP. v. FARMINGDALE UNION FREE SCHOOL DISTRICT

26 A.D.3d 323 (2006)

809 N.Y.S.2d 159

TRIPLE M. ROOFING CORP., Appellant-Respondent, v. FARMINGDALE UNION FREE SCHOOL DISTRICT, Respondent-Appellant. (Action No. 1.) TRIPLE M. ROOFING CORP. et al, Plaintiffs, v. TRANSCONTINENTAL INSURANCE COMPANY et al., Defendants. (Action No. 2.) FARMINGDALE UNION FREE SCHOOL DISTRICT, Appellant, v. ALLIED TRENT RUBBER CORP. et al., Defendants, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, Respondent. (Action No. 3.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 7, 2006.

Ordered that the order is modified, on the law, by (1) adding a provision thereto that, upon searching the record, summary judgment is awarded to Triple M. Roofing Corp. on the issue of liability on its first and seventh causes of action in action No. 1, (2) deleting the provision thereof, in effect, denying those branches of Triple M. Roofing Corp.'s cross motion which were, in effect, for summary judgment dismissing the seventh, eighth, and ninth counterclaims in action...

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