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DENTICO v. TURNER CONSTR. CO.

1063 CA 23-00107.

2024 NY Slip Op 00728

ALAN DENTICO AND LEANNE DENTICO, Plaintiffs-Appellants-Respondents, v. TURNER CONSTRUCTION COMPANY, Defendant, And SBRA, INC., FORMERLY KNOWN AS SHEPLEY BULFINCH, INC., Defendant-Respondent-Appellant.

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

Decided February 9, 2024.

Attorney(s) appearing for the Case

GROSS SHUMAN, P.C., BUFFALO ( SCOTT M. PHILBIN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS-RESPONDENTS.

BYRNE & O'NEILL, LLP, NEW YORK CITY ( MICHAEL J. BYRNE OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT.

PRESENT: SMITH, J.P., CURRAN, BANNISTER, GREENWOOD, AND NOWAK, JJ.

Appeal and cross-appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered December 21, 2022. The order denied in part the motion of defendant SBRA, Inc., formerly known as Shepley Bulfinch, Inc. to preclude certain testimony and denied plaintiffs' cross-motion in limine.

It is hereby ORDERED that said appeal and cross-appeal are unanimously dismissed without costs.

Memorandum:

Plaintiffs commenced this action seeking...

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