| Stiegman v Barden & Robeson Corp. |
| 2018 NY Slip Op 04864 [162 AD3d 1694] |
| June 29, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Gary Stiegman, Appellant-Respondent, v The Barden & Robeson Corporation, Individually and Doing Business as Barden Homes, et al., Respondents-Appellants, et al., Defendants. (Appeal No. 1.) |
Brown Chiari LLP, Buffalo (Brian R. Hogan of counsel), for plaintiff-appellant-respondent.
Rupp Baase Pfalzgraf Cunningham LLC, Buffalo (Thomas P. Cunningham of counsel), for defendant-respondent-appellant the Barden & Robeson Corporation, Individually and Doing Business as Barden Homes.
Osborn, Reed & Burke, LLP, Rochester (Jeffrey P. Dipalma of counsel), for defendant-respondent-appellant B&H Carpentry.
Appeal and cross appeals from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered December 13, 2016. The order, among other things, denied plaintiff's motion for partial summary judgment and denied in part the cross motions of defendants The Barden & Robeson Corporation, individually and doing business as Barden Homes and B&H Carpentry seeking summary judgment.
It is hereby ordered that said appeal and cross appeals are unanimously dismissed without costs.
Same memorandum as in Stiegman v Barden & Robeson Corp. ([appeal No. 2] 162 AD3d 1694 [4th Dept 2018]). Present—Centra, J.P., DeJoseph, NeMoyer and Winslow, JJ.