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ALLINGTON v. TEMPLETON FOUND.

1158 CA 21-00582.

200 A.D.3d 1742 (2021)

155 N.Y.S.3d 852

2021 NY Slip Op 07467

Jeffrey E. Allington et al., Plaintiffs, v. Templeton Foundation, Care of the Mary Imogene Bassett Hospital, Doing Business as Bassett Medical Center, et al., Defendants. Templeton Foundation, Care of the Mary Imogene Bassett Hospital, Doing Business as Bassett Medical Center, Third-Party Plaintiff, v. Pulver Roofing Co., Inc., Third-Party Defendant. Templeton Foundation, Care of the Mary Imogene Bassett Hospital, Doing Business as Bassett Medical Center, Third-Party Plaintiff-Appellant, v. Welliver McGuire, Inc., Doing Business as Welliver, Third-Party Defendant-Respondent. (Appeal No. 2.)

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

Decided December 23, 2021.

Attorney(s) appearing for the Case

BARCLAY DAMON LLP, ROCHESTER ( JOSEPH A. WILSON OF COUNSEL), FOR Third-Party Plaintiff-Appellant.

VAHEY LAW OFFICES, ROCHESTER ( JARED K. COOK OF COUNSEL), FOR Third-Party Defendant-Respondent.

Present—Whalen, P.J., Smith, NeMoyer and Curran, JJ.

It is hereby ordered that said appeal is unanimously dismissed without costs (see GEICO Indem. v Roth, 56 A.D.3d 1244, 1244 [4th...

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