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WADDELL v. MILWAUKEE THP, LLC

925 CA 21-01258.

213 A.D.3d 1252 (2023)

184 N.Y.S.3d 243

2023 NY Slip Op 00576

Frances Waddell, Appellant, v. Milwaukee THP, LLC, et al., Respondents/Third-Party Plaintiffs-Appellants. TC Notaro Contracting, Inc., Third-Party Defendant-Respondent.

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

Decided February 3, 2023.

Attorney(s) appearing for the Case

LEWIS & LEWIS, P.C., BUFFALO ( MICHAEL T. COUTU OF COUNSEL), FOR PLAINTIFF-APPELLANT.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( THOMAS P. CUNNINGHAM OF COUNSEL), FOR DEFENDANTS-RESPONDENTS AND THIRD-PARTY PLAINTIFFS-APPELLANTS.

CHELUS, HERDZIK, SPEYER & MONTE, P.C., BUFFALO ( DANIEL J. CERCONE OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT.

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

Appeals from an order of the Supreme Court, Erie County (E. Jeannette Ogden, J.), entered August 9, 2021. The order granted the motion of defendants-third-party plaintiffs for summary judgment, granted the cross motion of third-party defendant for summary judgment, dismissed the supplemental complaint and third-party complaint, and denied the cross motion of plaintiff for summary judgment.

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

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