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LAGARES v. CARRIER TERM. SERVS., INC.

1050 CA 20-01447.

204 A.D.3d 1456 (2022)

165 N.Y.S.3d 435

2022 NY Slip Op 02728

Jose M. Lagares et al., Plaintiffs, v. Carrier Terminal Services, Inc., et al., Defendants/Third-Party Plaintiffs-Respondents. Sahlem's Roofing and Siding, Inc., Third-Party Defendant-Appellant. (Appeal No. 1.).

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

Decided April 22, 2022.

Attorney(s) appearing for the Case

BAXTER SMITH & SHAPIRO, P.C., HICKSVILLE ( ROBERT C. BAXTER OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.

SUGARMAN LAW FIRM, LLP, SYRACUSE ( JENNA W. KLUCSIK OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-RESPONDENT CARRIER TERMINAL SERVICES, INC.

CHELUS, HERDZIK, SPEYER & MONTE, P.C., BUFFALO ( THOMAS P. KAWALEC OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-RESPONDENT SPEED MOTOR EXPRESS OF WESTERN NEW YORK, INC., DOING BUSINESS AS SPEED GLOBAL SERVICES.

Present —Smith, J.P., Carni, NeMoyer, Curran and Winslow, JJ.

It is hereby ordered that said appeal is dismissed without costs.

Same memorandum as in Lagares v Carrier Term. Servs., Inc. ([appeal No. 2] 204 A.D.3d 1456 [4th Dept 2022]).

All concur except Carni, J., who is not...

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