Hillman v State Univ. Constr. Fund
2022 NY Slip Op 02716 [204 AD3d 1449]
April 22, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 1, 2022


[*1]
 Matthew M. Hillman, Sr., Respondent,
v
State University Construction Fund et al., Respondents/Third-Party Plaintiffs-Respondents, and Huber Construction, Inc., Appellant/Third-Party Defendant-Appellant.

Pillinger Miller Tarallo, LLP, Syracuse, Gannon, Rosenfarb & Drossman, New York City (Lisa L. Gokhulsingh of counsel), for defendant-appellant and third-party defendant-appellant.

Collins & Collins Attorneys, LLC, Buffalo (Samuel J. Capizzi of counsel), for plaintiff-respondent.

Hodgson Russ LLP, Buffalo (Patrick J. Hines of counsel), for defendants-respondents and third-party plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Mark A. Montour, J.), entered February 2, 2021. The order, among other things, denied the motion of defendant/third-party defendant Huber Construction, Inc. for summary judgment and granted in part the motion of defendants/third-party plaintiffs for summary judgment.

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