OLIVIERI v. BARNES & NOBLE, INC.

785 CA 22-00261.

211 A.D.3d 1525 (2022)

182 N.Y.S.3d 414

2022 NY Slip Op 07340

Lori J. Olivieri, Plaintiff, v. Barnes & Noble, Inc., et al., Defendants. Barnes & Noble, Inc., Third-Party Plaintiff, v. National Janitorial Solutions Incorporated, et al., Third-Party Defendants. National Janitorial Solutions Incorporated, Fourth-Party Plaintiff-Respondent, v. RJS Janitorial, LLC, Fourth-Party Defendant-Appellant.

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

Decided December 23, 2022.


Attorney(s) appearing for the Case

GALLO VITUCCI KLAR LLP, NEW YORK CITY ( C. BRIGGS JOHNSON OF COUNSEL), FOR FOURTH-PARTY DEFENDANT-APPELLANT.

SUGARMAN LAW FIRM, LLP, SYRACUSE ( JENNA W. KLUCSIK OF COUNSEL), FOR THIRD-PARTY DEFENDANT/FOURTH-PARTY PLAINTIFF-RESPONDENT.

Present—Lindley, J.P., NeMoyer, Winslow, Bannister and Montour, JJ.


Appeal from an amended order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered November 15, 2021. The amended order granted the motion of third-party defendant/fourth-party plaintiff for summary judgment on contractual indemnification against fourth-party defendant and denied the cross motion of fourth-party defendant for summary judgment dismissing the amended fourth-party complaint.

It is hereby ordered that the amended order so appealed from is unanimously...

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