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MILLER v. SILVAROLE TRUCKING INC.

804 CA 21-01770.

211 A.D.3d 1544 (2022)

182 N.Y.S.3d 403

2022 NY Slip Op 07348

Robert Miller, Respondent, v. Silvarole Trucking Inc. et al., Appellants, et al., Defendants.

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

Decided December 23, 2022.

Attorney(s) appearing for the Case

SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE ( ROBERT P. CAHALAN OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

McMAHON, MARTINE & GALLAGHER, LLP, BROOKLYN ( TIMOTHY D. GALLAGHER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Peradotto, Curran, Winslow and Montour, JJ.

Appeal from an order of the Supreme Court, Monroe County (Craig J. Doran, J.), entered December 10, 2021. The order granted in part the motion of plaintiff for summary judgment and denied the cross motion of defendants Silvarole Trucking Inc. and Joshua Davis seeking, inter alia, partial summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the cross motion...

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