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

210 CA 22-01470.

217 A.D.3d 1380 (2023)

190 N.Y.S.3d 755

2023 NY Slip Op 03112

LPCiminelli, Inc., Appellant, v. JPW Structural Contracting, Inc., Appellant, and Frey Electric Construction Co., Inc., Respondent, et al., Defendant. (Appeal No. 2.).

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 a judgment of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered September 1, 2022. The judgment awarded defendant Frey Electric Construction Co., Inc. a money judgment against plaintiff.

It is hereby ordered that the judgment so appealed from is unanimously vacated without costs and the order entered March 18, 2022, is modified on the law by denying the motion to the extent that it sought a determination of the amount of damages, and as...

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