SMITH v. MDA CONSULTING ENGRS., PLLC

823 CA 22-00548.

210 A.D.3d 1448 (2022)

178 N.Y.S.3d 314

2022 NY Slip Op 06389

Nicholas Smith, Respondent, v. MDA Consulting Engineers, PLLC, Appellant.

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

Decided November 10, 2022.


Attorney(s) appearing for the Case

UNDERBERG & KESSLER LLP, BUFFALO ( CAROL R. FINOCCHIO OF COUNSEL, FOR DEFENDANT-APPELLANT.

DOLCE PANEPINTO, P.C., BUFFALO ( AARON C. GORSKI OF COUNSEL, FOR PLAINTIFF-RESPONDENT.

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


Appeal from an order of the Supreme Court, Chautauqua County (Grace Marie Hanlon, J.), entered March 23, 2022. The order, insofar as appealed from, denied the motion of defendant for summary judgment.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law and in the exercise of discretion without costs, the motion is granted and the complaint is dismissed.

Memorandum: Plaintiff commenced this Labor Law and common-law...

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