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OLIVIERI v. BARNES & NOBLE, INC.

448 CA 21-00496.

208 A.D.3d 1001 (2022)

173 N.Y.S.3d 818

2022 NY Slip Op 04849

Lori J. Olivieri, Plaintiff, v. Barnes & Noble, Inc., et al., Defendants. Barnes & Noble, Inc., Third-Party Plaintiff-Respondent, v. National Janitorial Solutions Incorporated, Third-Party Defendant-Appellant, et al., Third-Party Defendants.

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

Decided August 4, 2022.

Attorney(s) appearing for the Case

SUGARMAN LAW FIRM, LLP, SYRACUSE (JENNA W. KLUCSIK OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.

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

Present—Whalen, P.J., Smith, Peradotto, Curran and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting those parts of the cross motion seeking summary judgment dismissing the first cause of action, the third cause of action insofar as it is based on the alleged failure to procure insurance, the fifth cause of action, and all cross claims against third-party defendant National Janitorial Solutions Incorporated, and as modified the order is affirmed without costs.

Memorandum...

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