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LPCIMINELLI, INC. v. JPW STRUCTURAL CONTRACTING, INC.

209 CA 22-00730.

217 A.D.3d 1379 (2023)

189 N.Y.S.3d 353

2023 NY Slip Op 03111

LPCiminelli, Inc., Appellant, v. JPW Structural Contracting, Inc., Appellant, and Frey Electric Construction Co., Inc., Respondent, et al., Defendant. (Appeal No. 1.).

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

Decided June 9, 2023.

Attorney(s) appearing for the Case

ZDARSKY, SAWICKI & AGOSTINELLI LLP, BUFFALO ( GUY J. AGOSTINELLI OF COUNSEL), FOR PLAINTIFF-APPELLANT.

BYRNE COSTELLO & PICKARD, P.C., SYRACUSE ( JORDAN R. PAVLUS OF COUNSEL), FOR DEFENDANT-APPELLANT.

BARCLAY DAMON LLP, BUFFALO ( JAMES P. DOMAGALSKI of counsel), FOR DEFENDANT-RESPONDENT.

Present—Smith, J.P., Lindley, Montour, Ogden and Greenwood, JJ.

Appeals from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered March 18, 2022. The order, among other things, granted the motion of defendant Frey Electric Construction Co., Inc. for summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in LPCiminelli, Inc. v JPW Structural Contr., Inc. ([appeal No. 2] 217 A.D...

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