| Wheeler v BrandSafway Indus., LLC |
| 2025 NY Slip Op 03889 [239 AD3d 1417] |
| June 27, 2025 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Bryan Wheeler, Appellant-Respondent, v BrandSafway Industries, LLC, Respondent, and New York Power Authority et al., Respondents-Appellants. (Appeal No. 3.) |
Collins & Collins Attorneys, LLC, Buffalo (Ethan W. Collins of counsel), for plaintiff-appellant-respondent.
Gibson, McAskill & Crosby, LLP, Buffalo (Norman B. Viti, Jr., of counsel), for defendant-respondent.
Hurwitz & Fine, P.C., Buffalo (David R. Adams of counsel), for defendants-respondents-appellants.
Appeal and cross-appeal from an order of the Supreme Court, Niagara County (Frank A. Sedita, III, J.), entered July 24, 2024. The order, inter alia, directed the payment of $10,000 to plaintiff's counsel.
It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating that part granting sanctions and as modified the order is affirmed without costs.
Same memorandum as in Wheeler v BrandSafway Indus., LLC ([appeal No. 1] 239 AD3d 1408 [4th Dept 2025]). Present—Lindley, J.P., Montour, Ogden, Greenwood and Keane, JJ.