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BURNETT v. ALLEN

313 CA 22-01602.

218 A.D.3d 1190 (2023)

192 N.Y.S.3d 398

2023 NY Slip Op 04002

Robert T. Burnett, Respondent, v. Destini Allen, Defendant, and Brian J. Smith et al., Appellants. (Appeal No. 2.)

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

SMITH, SOVIK, KENDRICK & SUGNET, P.C., WILLIAMSVILLE (ALAN J. BEDENKO OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

ANDREWS, BERNSTEIN, MARANTO & NICOTRA, PLLC, BUFFALO (ANTHONY IACONO 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 (Lynn W. Keane, J.), entered October 4, 2022. The order denied the motion of defendants Brian J. Smith and J&L Janitorial Services, Inc., doing business as K&K Janitorial Service, for leave to reargue.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Empire Ins. Co. v Food City, 167 A.D.2d 983, 984 [4th...

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