| Waller v Admar Supply Co., Inc. |
| 2023 NY Slip Op 00535 [213 AD3d 1208] |
| February 3, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Clifford Waller, Respondent, v Admar Supply Co., Inc., et al., Defendants, and Epic Environmental Contracting, Inc., Appellant/Third-Party Defendant-Appellant. Starpoint Central School District, Third-Party Plaintiff-Respondent. |
Russo & Gould, LLP, Buffalo (Florina Altshiler of counsel), for defendant-appellant and third-party defendant-appellant.
Maxwell Murphy, LLC, Buffalo (John F. Maxwell of counsel), for plaintiff-respondent.
Pillinger Miller Tarallo, LLP, Syracuse (Maria T. Mastriano of counsel), for third-party plaintiff-respondent.
Appeal from an order of the Supreme Court, Niagara County (Frank A. Sedita, III, J.), entered May 4, 2022. The order, inter alia, granted the motion of plaintiff insofar as it sought partial summary judgment on the Labor Law § 240 (1) claim.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Peradotto, J.P., Lindley, Bannister, Montour and Ogden, JJ.