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Saunders Kahler, L.L.P., Utica (Michael D. Callan of Counsel), for Plaintiff-Appellant. Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Alan J. Bedenko of Counsel), for Defendant-Respondent. Appeal from an order of the Supreme Court, Oneida County (David A. Murad, J.), entered May 3, 2022. The order, among other things, granted the cross-motion of defendant W.B. Payne Company, Inc. for summary judgment dismissing plaintiff’s amended complaint and all cross-claims against it. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs. Same memorandum as in Fornino v. New York Cent. Mut. Fire Ins. Co. ([appeal No. 2] — AD3d — [July 28, 2023] [4th Dept 2023]).

 
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