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CARPENTIERI v. 1438 S. PARK AVE. CO., LLC

145 CA 22-00124.

215 A.D.3d 1236 (2023)

188 N.Y.S.3d 825

2023 NY Slip Op 02204

Michael Carpentieri, Respondent-Appellant, v. 1438 South Park Avenue Co., LLC, et al., Respondents-Appellants/Third-Party Plaintiffs-Respondents-Appellants. Industrial Power & Lighting Corp., Third-Party Defendant-Appellant-Respondent.

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

Decided April 28, 2023.

Attorney(s) appearing for the Case

NASH CONNORS, P.C., BUFFALO ( JAMES J. NASH OF COUNSEL), FOR DEFENDANTS-RESPONDENTS-APPELLANTS AND THIRD-PARTY PLAINTIFFS-RESPONDENTS-APPELLANTS.

JOHN J. FROMEN ATTORNEY AT LAW, P.C., SNYDER ( MICHAEL A. IACONO OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

WALSH, ROBERTS & GRACE, BUFFALO ( JOSEPH H. EMMINGER, JR. , OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT-RESPONDENT.

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

Appeal and cross appeals from an order of the Supreme Court, Erie County (Paul Wojtaszek, J.), entered December 28, 2021. The order granted in part and denied in part the motion of defendants/third-party plaintiffs, the cross-motion of third-party defendant, and the cross-motion of plaintiff for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying those parts of the motion of defendants/third-party plaintiffs...

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