Waller v. Admar Supply Co., Inc.
Opinion
| Waller v Admar Supply Co., Inc. |
| 2023 NY Slip Op 00535 |
| Decided on February 3, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on February 3, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: PERADOTTO, J.P., LINDLEY, BANNISTER, MONTOUR, AND OGDEN, JJ.
106 CA 22-00784
v
ADMAR SUPPLY CO., INC., ET AL., DEFENDANTS, AND EPIC ENVIRONMENTAL CONTRACTING, INC., DEFENDANT-APPELLANT. STARPOINT CENTRAL SCHOOL DISTRICT, THIRD-PARTY PLAINTIFF-RESPONDENT, EPIC ENVIRONMENTAL CONTRACTING, INC., THIRD-PARTY DEFENDANT-APPELLANT.
RUSSO & GOULD, LLP, BUFFALO (FLORINA ALTSHILER OF COUNSEL), FOR DEFENDANT-APPELLANT AND THIRD-PARTY DEFENDANT-APPELLANT.
MAXWELL MURPHY, LLC, BUFFALO (JOHN F. MAXWELL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PILLINGER MILLER TARALLO, LLP, SYRACUSE (MARIA T. MASTRIANO OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-RESPONDENT.
Appeal from an order of the Supreme Court, Niagara County (Frank A. Sedita, III, J.), entered May 4, 2022. The order, inter alia, granted the motion of plaintiff insofar as it sought partial summary judgment on the Labor Law § 240 (1) claim.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.
Entered: February 3, 2023
Ann Dillon Flynn
Clerk of the Court
Case-law data current through December 31, 2025. Source: CourtListener bulk data.