STEVENSON v. RED ROOF INNS, INC.

842 CA 21-01256.

213 A.D.3d 1228 (2023)

184 N.Y.S.3d 257

2023 NY Slip Op 00558

Andre Stevenson et al., Plaintiffs, v. Red Roof Inns, Inc., Defendant/Third-Party Plaintiff-Respondent. Grace Property Service, Inc., Third-Party Defendant-Appellant.

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

Decided February 3, 2023.


Attorney(s) appearing for the Case

LAW OFFICES OF JOHN WALLACE, BUFFALO ( JAMES J. NAVAGH OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.

SANTACROSE & FRARY, BUFFALO ( LISA M. DIAZ-ORDAZ OF COUNSEL), FOR DEFENDANT-THIRD-PARTY PLAINTIFF-RESPONDENT.

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


Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered July 27, 2021. The order, insofar as appealed from, granted in part the motion of defendant-third-party plaintiff for summary judgment and denied in part the cross motion of third-party defendant for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in its entirety, and as modified the order is affirmed...

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