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CyCAN, LLC v. PALLADIAN HEALTH, LLC

1034 CA 22-00098.

217 A.D.3d 1446 (2023)

190 N.Y.S.3d 772

2023 NY Slip Op 03169

CyCan, LLC, Plaintiff, v. Palladian Health, LLC, Defendant/Third-Party Plaintiff-Respondent. Paul J. Candino, Third-Party Defendant-Appellant. (Action No. 1.). Paul J. Candino, Appellant, v. Palladian Health, LLC, Respondent. (Action No. 2.). Paul J. Candino, Appellant, et al., Plaintiff, v. Kevin Cichocki et al., Respondents. (Action No. 5.).

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

Decided June 9, 2023.

Attorney(s) appearing for the Case

BOND, SCHOENECK & KING, PLLC, BUFFALO (TIMOTHY N. McMAHON OF COUNSEL), FOR PLAINTIFF-APPELLANT AND THIRD-PARTY DEFENDANT-APPELLANT.

BARCLAY DAMON LLP, BUFFALO (JAMES P. DOMAGALSKI of counsel), FOR THIRD-PARTY PLAINTIFF-RESPONDENT AND DEFENDANTS-RESPONDENTS BRIAN T. D'AMICO, SSC II PRISM HOLDINGS, INC., SSC NYS II PRISM HOLDINGS, INC.,

Present—Smith, J.P., Peradotto, Bannister, Montour and Ogden, JJ.

Appeal from an order of the Supreme Court, Erie County (Henry J. Nowak, J.), entered December 20, 2021. The order, insofar as appealed from, in action No. 1 denied those parts of third-party defendant Paul Candino's motion seeking summary judgment dismissing the first and fourth causes of action in the third-party complaint, and in action No. 2 denied those parts of plaintiff Paul Candino's motion seeking summary judgment dismissing the first through fifth counterclaims....

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