| Allington v Templeton Found. |
| 2021 NY Slip Op 07467 [200 AD3d 1742] |
| December 23, 2021 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| 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. 2.) |
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 (Kevin Nasca, J.), entered September 11, 2020. The order 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 said appeal is unanimously dismissed without costs (see GEICO Indem. v Roth, 56 AD3d 1244, 1244 [4th Dept 2008]). Present—Whalen, P.J., Smith, NeMoyer and Curran, JJ.