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MASS FACTORY, INC. v. WALTER C. TAYLOR AGENCY, INC.

CA 08-00350.

2008 NY Slip Op 06099

MASS FACTORY, INC., PLAINTIFF-RESPONDENT, v. WALTER C. TAYLOR AGENCY, INC., DEFENDANT-APPELLANT. WALTER C. TAYLOR AGENCY, INC., THIRD-PARTY PLAINTIFF-APPELLANT, ERIE & NIAGARA INSURANCE ASSOCIATION, THIRD-PARTY DEFENDANT-RESPONDENT.

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

Decided July 3, 2008.

Attorney(s) appearing for the Case

LUSTIG & BROWN, LLP, BUFFALO (RANDOLPH E. SARNACKI OF COUNSEL), FOR DEFENDANT-APPELLANT AND THIRD-PARTY PLAINTIFF-APPELLANT.

CULLEY, MARKS, TANENBAUM & PEZZULO, LLP, ROCHESTER (FRANK G. MONTEMALO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

QUINN, MC GARRY, CAFFERY & PATRICIA, P.C., BUFFALO (KENNETH A. PATRICIA OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT.

PRESENT: HURLBUTT, J.P., SMITH, LUNN, GREEN, AND GORSKI, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed...

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