Appellate Division of the Supreme Court of New York, 2024

Triest v. Nixon Equip. Servs., Inc.

Triest v. Nixon Equip. Servs., Inc.
Appellate Division of the Supreme Court of New York · Decided February 9, 2024
2024 NY Slip Op 00713
Triest v. Nixon Equip. Servs., Inc.

Opinion

Triest v Nixon Equip. Servs., Inc. (2024 NY Slip Op 00713)
Triest v Nixon Equip. Servs., Inc.
2024 NY Slip Op 00713
Decided on February 9, 2024
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 9, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., CURRAN, OGDEN, GREENWOOD, AND NOWAK, JJ.

917 CA 22-01728

[*1]PAUL TRIEST, PLAINTIFF-APPELLANT,

v

NIXON EQUIPMENT SERVICES, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 1.)




SEGAR & SCIORTINO PLLC, ROCHESTER (STEPHEN A. SEGAR OF COUNSEL), FOR PLAINTIFF-APPELLANT.

GIBSON, MCASKILL & CROSBY, LLP, BUFFALO (ROBERT E. SCOTT OF COUNSEL), FOR DEFENDANT-RESPONDENT.



Appeal from an order of the Supreme Court, Ontario County (Frederick G. Reed, A.J.), entered September 27, 2022. The order denied the motion of plaintiff for partial summary judgment.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Same memorandum as in Triest v Nixon Equip. Servs., Inc. ([appeal No. 2] — AD3d — [Feb. 9, 2024] [4th Dept 2024]).

Entered: February 9, 2024

Ann Dillon Flynn

Clerk of the Court



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