Summary
This uncorrected slip opinion from the New York Supreme Court, Appellate Division, Fourth Department, addresses an appeal from a trial court judgment awarding money damages to plaintiff 2001, Inc. against defendant Shaffer Building Services, Inc. The appellate court unanimously modified the judgment by partially denying a motion filed by co-defendant TDJ Properties, LLC and reinstating a cross-claim brought by Shaffer against TDJ. The modified judgment was affirmed without costs and remitted to the Oswego County Supreme Court for further proceedings consistent with a related memorandum decision.
Topics
Practice areas
Questions Presented
- Whether the appellate division should affirm the lower‑court judgment, deny TDJ Properties, LLC’s motion, and reinstate Shaffer Building Services, Inc.’s cross‑claim.
Holdings
- The judgment is affirmed without costs; the motion of TDJ Properties, LLC is denied in part; the second cross‑claim of Shaffer Building Services, Inc. against TDJ Properties, LLC is reinstated; and the matter is remitted to the Supreme Court, Oswego County for further proceedings.
Factual background
The trial court awarded plaintiff 2001, Inc. money damages against defendant Shaffer Building Services, Inc. Defendant TDJ Properties, LLC also participated as a defendant and moved for dismissal of a cross‑claim.
Procedural history
The Supreme Court, Oswego County entered a judgment awarding money damages to 2001, Inc. against Shaffer Building Services, Inc. The appellant sought reversal and filed a motion by TDJ Properties, LLC. The Appellate Division reviewed the judgment.
Remand instructions
Remitted to Supreme Court, Oswego County, for further proceedings in accordance with the same memorandum as in 2001, Inc. v. Shaffer Bldg. Servs., Inc.