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DAN'S HAULING & DEMO, INC. v. GMMM HICKLING, LLC

432 CA 22-01588.

218 A.D.3d 1248 (2023)

193 N.Y.S.3d 798

2023 NY Slip Op 04026

Dan's Hauling & Demo, Inc., Appellant, v. GMMM Hickling, LLC, et al., Respondents. (Appeal No. 2.).

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

THE STEELE LAW FIRM, P.C., OSWEGO ( KIMBERLY A. STEELE OF COUNSEL), FOR PLAINTIFF-APPELLANT.

GOLDBERG SEGALLA LLP, BUFFALO ( MEGHAN M. BROWN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present— Whalen, P.J., Lindley, Curran, Bannister and Greenwood, JJ.

Appeal from an order of the Supreme Court, Steuben County (J. Scott Odorisi, J.), entered September 29, 2022. The order, among other things, granted the motion of defendant John Pacheco for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion of defendant John Pacheco in part and reinstating the fourth through sixth causes of action against that defendant, and as modified the order is affirmed...

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