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LPCIMINELLI, INC. v. JPW STRUCTURAL CONTRACTING, INC.

310 CA 22-00218.

217 A.D.3d 1394 (2023)

191 N.Y.S.3d 564

2023 NY Slip Op 03118

LPCiminelli, Inc., Plaintiff, v. JPW Structural Contracting, Inc., et al., Defendants. (Action No. 1.). JPW Structural Contracting, Inc., Respondent, v. LPCiminelli, Inc., et al., Appellants. (Action No. 2.).

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

Decided June 9, 2023.

Attorney(s) appearing for the Case

ZDARSKY SAWICKI & AGOSTINELLI LLP, BUFFALO (GUY J. AGOSTINELLI OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

BYRNE, COSTELLO & PICKARD, P.C., SYRACUSE (JORDAN R. PAVLUS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Peradotto, Bannister, Montour and Greenwood, JJ.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered December 20, 2021. The order granted the motion of plaintiff JPW Structural Contracting, Inc. for partial summary judgment in action No. 2.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the motion is denied.

Memorandum: LPCiminelli, Inc. (LPC), plaintiff in action...

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