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MARINO v. MANNING SQUIRES HENNIG CO., INC.

481 CA 21-00072.

208 A.D.3d 1020 (2022)

173 N.Y.S.3d 788

2022 NY Slip Op 04856

Joseph Marino, Jr., Respondent, v. Manning Squires Hennig Co., Inc., Appellant/Third-Party Plaintiff. Highland Masonry and Restoration, Inc., Third-Party Defendant-Appellant. (Appeal No. 1.)

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

Decided August 4, 2022.

Attorney(s) appearing for the Case

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (SAMANTHA V. CATONE OF COUNSEL), FOR DEFENDANT-APPELLANT AND THIRD-PARTY PLAINTIFF.

HURWITZ & FINE, P.C., BUFFALO (MARC A. SCHULZ OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.

DOLCE PANEPINTO, P.C., BUFFALO (EDWARD L. SMITH, III, OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Centra, NeMoyer and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying those parts of the motion seeking determinations that 12 NYCRR 23-1.7(d), (e), and 23-9.2(a) are applicable to the facts of this case and were violated and that those violations constituted a failure to use reasonable care and seeking a determination that 12 NYCRR 23-9.8(c) was violated and that the violation constituted a failure to use reasonable care, and as modified the...

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