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TANKSLEY v. LCO BLDG. LLC

919 CA 20-01068.

201 A.D.3d 1323 (2022)

162 N.Y.S.3d 609

2022 NY Slip Op 00567

Dwayne D. Tanksley, Jr., Respondent, v. LCO Building LLC et al., Appellants. Cityview Construction Management, LLC, Third-Party Plaintiff-Appellant, v. Tundo Construction & Design, Inc., Third-Party Defendant-Respondent-Appellant, et al., Third-Party Defendant.

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

Decided January 28, 2022.

Attorney(s) appearing for the Case

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO, BARRY McTIERNAN AND MOORE, NEW YORK CITY ( MARK A. COLLESANO OF COUNSEL), FOR DEFENDANT-APPELLANT LCO BUILDING LLC.

GOLDBERG SEGALLA LLP, BUFFALO ( MEGHAN M. BROWN OF COUNSEL), FOR DEFENDANT-APPELLANT CITYVIEW CONSTRUCTION MANAGEMENT, LLC, AND THIRD-PARTY PLAINTIFF-APPELLANT.

BAXTER SMITH & SHAPIRO, P.C., WEST SENECA ( BRYAN R. FORBES OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT-APPELLANT.

BROWN CHIARI LLP, BUFFALO ( BRIAN R. HOGAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Peradotto, NeMoyer, Bannister and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is modified on the law by denying plaintiff's motion insofar as it sought partial summary judgment on liability on the second cause of action against defendant Cityview Construction Management, LLC, and granting that part of the cross motion of that defendant seeking summary judgment dismissing the first cause of action against it, and as modified the order is affirmed without costs.

Memorandum: Plaintiff was injured...

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