| Giambrone v Niagara Mohawk Power Corp. |
| 2019 NY Slip Op 06910 [175 AD3d 1809] |
| September 27, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Jeannette C. Giambrone et al., Respondents, and Nationwide
Mutual Insurance Company, as Subrogee of Jeannette C. Giambrone and Another,
Respondent, v Niagara Mohawk Power Corporation, Doing Business as National Grid, et al., Appellants. (Appeal No. 2.) |
Barclay Damon LLP, Buffalo (Dennis R. McCoy of counsel), for defendants-appellants.
Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for plaintiffs-respondents.
Law Office of Charles F. Harms, Jr., Garden City (Angelo Capalbo of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered October 1, 2018. The order denied defendants' motion for sanctions against plaintiffs pursuant to CPLR 3126.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Giambrone v Niagara Mohawk Power Corp. ([appeal No. 1] 175 AD3d 1808 [4th Dept 2019]). Present—Smith, J.P., Carni, NeMoyer, Curran and Troutman, JJ.