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ROSS v. NORTHEAST DIVERSIFICATION, INC.

415 CA 22-00884.

218 A.D.3d 1244 (2023)

193 N.Y.S.3d 793

2023 NY Slip Op 04024

Joseph A. Ross, Respondent, v. Northeast Diversification, Inc., et al., Appellants/Third-Party Plaintiffs-Respondents-Appellants. E.J. Militello Concrete, Inc., Third-Party Defendant-Appellant-Respondent.

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

BURDEN, HAFNER & HANSEN, LLC, BUFFALO ( SARAH E. HANSEN OF COUNSEL), FOR DEFENDANT-APPELLANT AND THIRD-PARTY PLAINTIFF-RESPONDENT-APPELLANT NORTHEAST DIVERSIFICATION, INC.

WALSH ROBERTS & GRACE, BUFFALO ( ROBERT P. GOODWIN OF COUNSEL), FOR DEFENDANT-APPELLANT AND THIRD-PARTY PLAINTIFF-RESPONDENT-APPELLANT HAMBURG CENTRAL SCHOOL DISTRICT.

CHELUS, HERDZIK, SPEYER & MONTE, P.C., BUFFALO ( MICHAEL M. CHELUS OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT-RESPONDENT.

DOLCE PANEPINTO, P.C., BUFFALO ( MARC C. PANEPINTO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

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

Appeals from an order of the Supreme Court, Erie County (Mark A. Montour, J.), entered May 24, 2022. The order, inter alia, granted in part the motion of plaintiff for partial summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying plaintiff's motion in its entirety, granting those parts of the motions of defendants/third-party plaintiffs Northeast Diversification, Inc. and Hamburg Central School District...

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