| NCA Comp, Inc. v 1289 Clifford Ave. |
| 2017 NY Slip Op 04576 [151 AD3d 1548] |
| June 9, 2017 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| NCA Comp, Inc., as Administrator of Contractors
Self-Insurance Trust Fund, Appellant, v 1289 Clifford Ave., Doing Business as Empire Heating & Air Conditioning, et al., Defendants, and Memminger's Painting, Inc., et al., Respondents. (Appeal No. 2.) |
Trevett Cristo Salzer Andolina, P.C., Rochester (Alan J. Depeters of counsel), for plaintiff-appellant.
Phillips Lytle LLP, Buffalo (Craig R. Bucki of counsel), for defendants-respondents.
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered October 2, 2015. The order granted the motion of defendant Memminger's Painting, Inc. and the cross motion of defendant Historicon, Inc. to dismiss plaintiff's complaint against them.
It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion and cross motion are denied, and the complaint against defendants Memminger's Painting, Inc. and Historicon, Inc. is reinstated.
Same memorandum as in NCA Comp, Inc. v 1289 Clifford Ave. ([appeal No. 1] 151 AD3d 1544 [2017]). Present—Centra, J.P., Peradotto, Carni and Lindley, JJ.