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GARCIA v. BLACK SEA PROPERTIES, LLC

944 CA 22-01680.

2024 NY Slip Op 02473

SANDRA GARCIA, Plaintiff-Respondent, v. BLACK SEA PROPERTIES, LLC, PEP BOYS-MANNY, MOE & JACK OF DELAWARE, INC., Defendants. PEP BOYS-MANNY, MOE & JACK OF DELAWARE, INC., Third-Party Plaintiff-Respondent-Appellant, v. FACILITYSOURCE, LLC, Third-Party Defendant-Appellant-Respondent, and RED ROSE LANDSCAPING, LLC, Third-Party Defendant-Respondent-Appellant.

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

Decided May 3, 2024.

Attorney(s) appearing for the Case

COSTELLO, COONEY & FEARON, PLLC, SYRACUSE ( KELLY J. PARE OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT-RESPONDENT.

CLYDE & CO US LLP, NEW YORK CITY ( KEVIN C. McCAFFREY OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-RESPONDENT-APPELLANT.

RUPP PFALZGRAF LLC, BUFFALO ( CORY J. WEBER OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT-APPELLANT.

LAW OFFICES OF ROBERT D. BERKUN, LLC, AMHERST ( KENETH P.L. LOWE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: SMITH, J.P., BANNISTER, MONTOUR, NOWAK, AND DELCONTE, JJ.

Appeal and cross-appeals from an order of the Supreme Court, Erie County (Amy C. Martoche, J.), entered October 4, 2022. The order, among other things, granted in part the motion of third-party defendant Red Rose Landscaping, LLC for summary judgment.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting the motion of third-party defendant FacilitySource, LLC, in part and dismissing the causes of action against it for...

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