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HOLLER v. DOMINION ENERGY TRANSMISSION, INC.

726 CA 23-00009.

221 A.D.3d 1493 (2023)

198 N.Y.S.3d 453

2023 NY Slip Op 05838

Donald Holler, Plaintiff, v. Dominion Energy Transmission, Inc., et al., Respondents. LMC Industrial Contractors, Inc., Third-Party Plaintiff-Respondent, v. O'Connell Electric Company, Inc., Third-Party Defendant-Appellant. (Appeal No. 2.)

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

Decided November 17, 2023.

Attorney(s) appearing for the Case

LAW OFFICES OF JOHN WALLACE, BUFFALO, MAURO LILLING NAPARTY LLP, WOODBURY ( SETH M. WEINBERG OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.

GORDON REES SCULLY MANSUKHANI, LLP, HARRISON ( LYNN ABELSON LIEBMAN OF COUNSEL), FOR DEFENDANT-RESPONDENT DOMINION ENERGY TRANSMISSION, INC.

RUPP PFALZGRAF LLC, ROCHESTER ( KEVIN J. FEDERATION OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-RESPONDENT AND DEFENDANT-RESPONDENT LMC INDUSTRIAL CONTRACTORS, INC.

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

Appeal from an order of the Supreme Court, Monroe County (Gail Donofrio, J.), entered December 2, 2022. The order, insofar as appealed from, denied that part of the motion of third-party defendant seeking leave to renew its opposition to the motions for partial summary judgment of defendant/third-party plaintiff LMC Industrial Contractors, Inc. and defendant Dominion Energy Transmission, Inc.

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

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