| Rogers v DS Restoration & Residential Servs. Co. |
| 2026 NY Slip Op 00726 [246 AD3d 1460] |
| February 11, 2026 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Adrian Rogers, Respondent, v DS Restoration & Residential Services Co. et al., Appellants, et al., Defendant. (Appeal No. 2.) |
Rupp Pfalzgraf LLC, Buffalo (Jill R. Allen of counsel), for defendants-appellants.
O'Brien& Ford, P.C., Buffalo (Christopher M. Pannozzo of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (Raymond W. Walter, J.), entered November 14, 2024, in a Labor Law and common-law negligence action. The order denied the motion of defendants DS Restoration & Residential Services Co. and Lenard C. Dabney seeking leave to reargue their June 6, 2024 motion for summary judgment relating to plaintiff's Labor Law § 240 (1) cause of action.
It is hereby ordered that said appeal is unanimously dismissed without costs (see Empire Ins. Co. v Food City, 167 AD2d 983, 984 [4th Dept 1990]). Present—Lindley, J.P., Bannister, Greenwood, Nowak and Hannah, JJ.