DENTICO v. TURNER CONSTRUCTION COMPANY

195 CA 21-00551.

207 A.D.3d 1036 (2022)

172 N.Y.S.3d 245

2022 NY Slip Op 04237

Alan Dentico et al., Appellants, v. Turner Construction Company et al., Respondents.

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

Decided July 1, 2022.


Attorney(s) appearing for the Case

GROSS SHUMAN, P.C., BUFFALO ( SCOTT M. PHILBIN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

GOLDBERG SEGALLA LLP, SYRACUSE ( MEGHAN M. BROWN OF COUNSEL), FOR DEFENDANT-RESPONDENT TURNER CONSTRUCTION COMPANY.

BYRNE & O'NEILL LLP, NEW YORK CITY ( MICHAEL J. BYRNE OF COUNSEL), FOR DEFENDANT-RESPONDENT SBRA, INC., FORMERLY KNOWN AS SHEPLEY BULFINCH, INC.

Present— Whalen, P.J., Smith, NeMoyer, Winslow and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion for summary judgment of defendant SBRA, Inc., formerly known as Shepley Bulfinch, Inc., insofar as it sought dismissal of the first and fifth causes of action against it and reinstating those causes of action against that defendant, and as modified the order is affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking damages for injuries...

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