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BURNETT v. ALLEN

312 CA 22-01332.

218 A.D.3d 1190 (2023)

192 N.Y.S.3d 398

2023 NY Slip Op 04001

Robert T. Burnett, Respondent, v. Destini Allen et al., Appellants. (Appeal No. 1.)

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

HAGELIN SPENCER LLC, BUFFALO ( LAURA B. GARDINER OF COUNSEL), FOR DEFENDANT-APPELLANT DESTINI ALLEN.

SMITH, SOVIK, KENDRICK & SUGNET, P.C., WILLIAMSVILLE ( ALAN J. BEDENKO OF COUNSEL), FOR DEFENDANTS-APPELLANTS BRIAN J. SMITH AND J & L JANITORIAL SERVICES, INC., DOING BUSINESS AS K & K JANITORIAL SERVICE.

ANDREWS, BERNSTEIN, MARANTO & NICOTRA, PLLC, BUFFALO ( ANTHONY IACONO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Peradotto, Bannister, Montour and Greenwood, JJ.

Appeals from an order of the Supreme Court, Erie County (Lynn W. Keane, J.), entered July 29, 2022. The order, among other things, granted in part the cross-motion of plaintiff for summary judgment.

It is hereby ordered that said appeals are unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 A.D.2d 1051, 1051 [4th...

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