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VEGA v. FNUB, INC.

124 CA 21-01474.

217 A.D.3d 1475 (2023)

192 N.Y.S.3d 863

2023 NY Slip Op 03571

Jose Vega, Appellant-Respondent, v. FNUB, Inc., Defendant/Third-Party Plaintiff, and LPCiminelli, Inc., Respondent-Appellant/Third-Party Plaintiff-Appellant-Respondent. Franco Associates, L.P., Third-Party Defendant-Respondent-Appellant.

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

Decided June 30, 2023.

Attorney(s) appearing for the Case

DOLCE PANEPINTO, P.C., BUFFALO (ANNE M. WHEELER of counsel), FOR PLAINTIFF-APPELLANT-RESPONDENT.

HODGSON RUSS LLP, BUFFALO (ALEXANDRIA N. ROWEN of counsel), FOR DEFENDANT-RESPONDENT-APPELLANT AND THIRD-PARTY PLAINTIFF-APPELLANT-RESPONDENT.

PILLINGER MILLER TARALLO, LLP, BUFFALO (KENNETH A. KRAJEWSKI OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT-APPELLANT.

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

Appeal and cross-appeals from an order of the Supreme Court, Erie County (Paula L. Feroleto, J.), entered October 4, 2021. The order denied the motion of plaintiff for partial summary judgment, granted in part and denied in part the cross-motion of defendant/third-party plaintiff LPCiminelli, Inc., for summary judgment and denied in part the cross-motion of third-party defendant for summary judgment.

It is hereby ordered that the order so appealed from is unanimously...

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