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CLYDE v. FRANCISCAN SISTERS OF ALLEGANY, N.Y., INC.

126 CA 22-00219.

217 A.D.3d 1353 (2023)

190 N.Y.S.3d 714

2023 NY Slip Op 03097

John Clyde, Respondent, v. Franciscan Sisters of Allegany, N.Y., Inc., Defendant, and Kinley Corporation, Appellant/Third-Party Plaintiff-Respondent. New York Commercial Flooring, Inc., Third-Party Defendant-Appellant.

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

Decided June 9, 2023.

Attorney(s) appearing for the Case

FELDMAN KIEFFER, LLP, BUFFALO ( ADAM C. FERRANDINO of counsel), FOR DEFENDANT-APPELLANT AND THIRD-PARTY PLAINTIFF-RESPONDENT.

GOLDBERG SEGALLA LLP, BUFFALO ( JAMES M. SPECYAL of counsel), FOR THIRD-PARTY DEFENDANT-APPELLANT.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO ( JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

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

Appeals from an order of the Supreme Court, Cattaraugus County (Ronald D. Ploetz, A.J.), entered January 3, 2022. The order, among other things, denied that part of the motion of defendant/third-party plaintiff-seeking summary judgment dismissing the complaint against it, and denied in part the motion of third-party defendant for summary judgment dismissing the third-party complaint.

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

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