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FLINT v. AGRO TREND MFG.

445/22 CA 21-00822.

210 A.D.3d 1457 (2022)

176 N.Y.S.3d 811

2022 NY Slip Op 06573

Deanna M. Flint, as Executrix of the Estate of Michael J. Flint, Deceased, Respondent, v. Agro Trend Manufacturing, as a Division of Rojac Industries, Inc., Appellant/Third-Party Plaintiff-Respondent, and Java Farm Supply, Inc., Respondent/Third-Party Plaintiff-Respondent, et al., Defendants. Flint's Dairy Farm, LLC, Third-Party Defendant-Appellant.

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

Decided November 18, 2022.

Attorney(s) appearing for the Case

BARCLAY DAMON LLP, BUFFALO ( VINCENT G. SACCOMANDO OF COUNSEL), FOR DEFENDANT-APPELLANT AND THIRD-PARTY PLAINTIFF-RESPONDENT AGRO TREND MANUFACTURING, AS A DIVISION OF ROJAC INDUSTRIES, INC.

BOND, SCHOENECK & KING, PLLC, BUFFALO ( DANIEL J. PAUTZ OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO ( RICHARD P. WEISBECK, JR. , OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

GOLDBERG SEGALLA LLP, BUFFALO ( ALBERT J. D'AQUINO OF COUNSEL), FOR DEFENDANT-RESPONDENT AND THIRD-PARTY PLAINTIFF-RESPONDENT JAVA FARM SUPPLY, INC.

Present—Whalen, P.J., Smith, Peradotto, Curran and Bannister, JJ.

Appeals from an order of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), entered April 23, 2021. The order, among other things, denied in part the motion for summary judgment by defendant/third-party plaintiff Agro Trend Manufacturing, as a Division of Rojac Industries, Inc., and denied the motion for summary judgment by third-party defendant Flint's Dairy Farm, LLC.

Now, upon reading and filing the stipulation...

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