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DALY v. AJ COSTELLO GROUP, LLC

1011 CA 21-01367.

211 A.D.3d 1630 (2022)

178 N.Y.S.3d 722

2022 NY Slip Op 07399

William Daly, Respondent, v. AJ Costello Group, LLC, et al., Defendants, and Anthony J. Costello & Son Development, LLC, et al., Appellants.

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

Decided December 23, 2022.

Attorney(s) appearing for the Case

BOND, SCHOENECK & KING, PLLC, ROCHESTER ( CURTIS A. JOHNSON OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

UNDERBERG & KESSLER LLP, ROCHESTER ( RYAN T. BIESENBACH OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Smith, Lindley, Bannister and Montour, JJ.

Appeal from an order of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered July 27, 2021. The order granted the motion of plaintiff insofar as it sought summary judgment on liability against defendants Anthony J. Costello & Son Development, LLC, and Anthony J. Costello & Son (Joseph) Development, LLC.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons...

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