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LAGARES v. CARRIER TERM. SERVS., INC.

1051 CA 21-00719.

204 A.D.3d 1456 (2022)

167 N.Y.S.3d 275

2022 NY Slip Op 02729

Jose M. Lagares et al., Plaintiffs, v. Carrier Terminal Services, Inc., et al., Defendants/Third-Party Plaintiffs-Respondents. Sahlem's Roofing and Siding, Inc., Third-Party Defendant-Appellant. (Appeal No. 2.).

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

Decided April 22, 2022.

Attorney(s) appearing for the Case

BAXTER SMITH & SHAPIRO, P.C., HICKSVILLE (ROBERT C. BAXTER OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.

SUGARMAN LAW FIRM, LLP, SYRACUSE (JENNA W. KLUCSIK OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-RESPONDENT CARRIER TERMINAL SERVICES, INC.

CHELUS, HERDZIK, SPEYER & MONTE, P.C., BUFFALO (THOMAS P. KAWALEC OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-RESPONDENT SPEED MOTOR EXPRESS OF WESTERN NEW YORK, INC., DOING BUSINESS AS SPEED GLOBAL SERVICES.

Present —Smith, J.P., Carni, NeMoyer, Curran and Winslow, JJ.

It is hereby ordered that the order so appealed from is modified on the law by amending the order and judgment entered October 29, 2020, by adding to the first decretal paragraph immediately after the words "any judgment the plaintiffs ultimately obtain against Carrier" the following: "that is satisfied by Carrier" and adding to the third decretal paragraph immediately after the words "any judgment the plaintiffs ultimately obtain against Speed" the following: "that is satisfied...

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