| Zarnoch v Luckina |
| 2017 NY Slip Op 02232 [148 AD3d 1615] |
| March 24, 2017 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Jerad M. Zarnoch, Appellant, v Robert W. Luckina, Individually and Doing Business as Rob Luckina Construction, Respondent. (Appeal No. 1.) |
Edward C. Cosgrove, Buffalo, for plaintiff-appellant.
Rossi & Rossi, Attorneys at Law PLLC, New York Mills (Vincent J. Rossi, Jr., of counsel), for defendant-respondent.
Appeal from an order of the Supreme Court, Oneida County (Norman I. Siegel, J.), entered July 23, 2015. The order, among other things, denied the cross motion of plaintiff to dismiss the affirmative defense of special employment.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Same memorandum as in Zarnoch v Luckina ([appeal No. 2] 148 AD3d 1615 [2017]). Present—Whalen, P.J., Centra, Peradotto, DeJoseph and Scudder, JJ.