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KAPLAN v. MENLO REALTY INCOME PROPERTIES 28, LLC

502 CA 22-00391.

218 A.D.3d 1301 (2023)

193 N.Y.S.3d 807

2023 NY Slip Op 04048

David Kaplan et al., Appellants, v. Menlo Realty Income Properties 28, LLC, Now Known as Realty Income Properties 28, LLC, et al., Appellants, and Allied Builders, Inc., et al., Respondents, et al., Defendants. (Appeal No. 1.)

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

SEGAR & SCIORTINO PLLC, ROCHESTER (STEPHEN A. SEGAR OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE (KAREN G. FELTER OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

THE LAW OFFICES OF JORDAN DIPALMA PLLC, PALMYRA (L. DAMIEN COSTANZA OF COUNSEL), FOR DEFENDANT-RESPONDENT ALLIED BUILDERS, INC.

WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP, NEW YORK CITY (PATRICK J. LAWLESS OF COUNSEL), FOR DEFENDANT-RESPONDENT BRUCE RONAYNE HAMILTON ARCHITECTS, INC.

Present—Lindley, J.P., Curran, Montour and Ogden, JJ.

Appeals from an order of the Supreme Court, Monroe County (Christopher S. Ciaccio, A.J.), entered December 7, 2021. The order granted the motions of defendants Bruce Ronayne Hamilton Architects, Inc. and Allied Builders, Inc. for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this negligence action seeking damages for injuries allegedly sustained by David Kaplan...

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