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LOSTRACCO v. LEWISTON-PORTER CENT. SCH. DIST.

783 CA 22-01252.

2024 NY Slip Op 00525

MARK LOSTRACCO, Plaintiff, v. LEWISTON-PORTER CENTRAL SCHOOL DISTRICT, JAVEN CONSTRUCTION CO., INC., AND CAMPUS CONSTRUCTION MANAGEMENT GROUP, INC., Defendants. LEWISTON-PORTER CENTRAL SCHOOL DISTRICT, JAVEN CONSTRUCTION CO., INC., AND CAMPUS CONSTRUCTION MANAGEMENT GROUP, INC., Third-Party Plaintiffs-Respondents, EMPIRE BUILDING DIAGNOSTICS, Third-Party Defendant-Appellant.

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

Decided February 2, 2024.

Attorney(s) appearing for the Case

GOLDBERG SEGALLA LLP, BUFFALO ( JAMES M. SPECYAL OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.

HURWITZ FINE P.C., BUFFALO ( MARC A. SCHULZ OF COUNSEL), FOR THIRD-PARTY PLAINTIFFS-RESPONDENTS.

PRESENT: SMITH, J.P., LINDLEY, MONTOUR, GREENWOOD, AND DELCONTE, JJ.

Appeal from an order of the Supreme Court, Niagara County (Frank A. Sedita, III, J.), entered July 28, 2022. The order, among other things, denied the motion of third-party defendant for summary judgment dismissing the third-party complaint.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this Labor Law action against defendants-third-party plaintiffs (defendants), Lewiston...

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