Allington v Templeton Found.
2021 NY Slip Op 07466 [200 AD3d 1741]
December 23, 2021
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 2, 2022


[*1]
 Jeffrey E. Allington et al., Plaintiffs,
v
Templeton Foundation, Care of the Mary Imogene Bassett Hospital, Doing Business as Bassett Medical Center, et al., Defendants. Templeton Foundation, Care of the Mary Imogene Bassett Hospital, Doing Business as Bassett Medical Center, Third-Party Plaintiff, v Pulver Roofing Co., Inc., Third-Party Defendant. Templeton Foundation, Care of the Mary Imogene Bassett Hospital, Doing Business as Bassett Medical Center, Third-Party Plaintiff-Appellant, v Welliver McGuire, Inc., Doing Business as Welliver, Third-Party Defendant-Respondent. (Appeal No. 1.)

Barclay Damon LLP, Rochester (Joseph A. Wilson of counsel), for third-party plaintiff-appellant.

Vahey Law Offices, Rochester (Jared K. Cook of counsel), for third-party defendant-respondent.

Appeal from an order of the Supreme Court, Steuben County (Patrick F. McAllister, A.J.), entered March 1, 2021. The order, among other things, denied the motion of third-party plaintiff for summary judgment as against third-party defendant Welliver McGuire, Inc., doing business as Welliver.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Whalen, P.J., Smith, NeMoyer and Curran, JJ.