MILLER v. REROB, LLC

603 CA 20-00719.

197 A.D.3d 979 (2021)

153 N.Y.S.3d 357

2021 NY Slip Op 04864

Sterling Miller, Respondent-Appellant, v. Rerob, LLC, et al., Appellants-Respondents, et al., Defendant. Rerob, LLC, et al., Third-Party Plaintiffs-Appellants, v. J&E Pile Driving, Inc., Third-Party Defendant-Respondent. (Appeal No. 1.).

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

KENNEDYS CMK LLP, NEW YORK CITY ( NITIN SAIN OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS AND THIRD-PARTY PLAINTIFFS-APPELLANTS REROB, LLC, AND PETR-ALL PETROLEUM CONSULTING CORP.

AS PETR-ALL CORP.

GOLDBERG SEGALLA LLP, BUFFALO ( MEGHAN M. BROWN OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT CORTLAND PUMP & EQUIPMENT, INC.

SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE ( JAMES W. CUNNINGHAM OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

Present—Centra, J.P., NeMoyer, Troutman, Winslow and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the motion of defendants Rerob, LLC and Petr-All Petroleum Consulting Corp., also known as Petr-All Petroleum Corp., also known as Petr-All Corp., seeking summary judgment on their cross claim for contractual indemnification against defendant Cortland Pump & Equipment, Inc., and as modified the order is affirmed without costs.

Memorandum: Plaintiff...

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