2001 INC PLAINTIFF RESPONDENT v. SHAFFER BUILDING SERVICES INC DEFENDANT APPELLANT AND TDJ PROPERTIES LLC DEFENDANT APPEAL NO (2025)

Supreme Court, Appellate Division, Fourth Department, New York.

2001, INC., PLAINTIFF-RESPONDENT, v. SHAFFER BUILDING SERVICES, INC., DEFENDANT-APPELLANT, AND TDJ PROPERTIES, LLC, DEFENDANT. (APPEAL NO. 3.)

437 Decided: July 25, 2025

PRESENT: WHALEN, P.J., CURRAN, SMITH, DELCONTE, AND HANNAH, JJ.

LONGSTREET & BERRY, LLP, FAYETTEVILLE (MICHAEL J. LONGSTREET OF COUNSEL), FOR DEFENDANT-APPELLANT. ZISHOLTZ & ZISHOLTZ, LLP, GARDEN CITY (STUART SHALOM ZISHOLTZ OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by denying the motion of defendant TDJ Properties, LLC, in part and reinstating the second cross-claim of defendant Shaffer Building Services, Inc. against defendant TDJ Properties, LLC, and as modified the judgment is affirmed without costs and the matter is remitted to Supreme Court, Oswego County, for further proceedings in accordance with the same memorandum as in 2001, Inc. v Shaffer Bldg. Servs., Inc. ([appeal No. 1] — AD3d — [July 25, 2025] [4th Dept 2025]).

Entered: July 25, 2025

Ann Dillon Flynn

Clerk of the Court

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