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Matthew T. Mariacher v. LPCiminelli, Inc.

Matthew T. Mariacher v. LPCiminelli, Inc.

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Hodgson Russ LLP, Buffalo (Julia E. Mikolajcak of Counsel), for Defendants-Appellants LPCiminelli, Inc. and LPCiminelli Construction Corp. Lippman O’Connor, Buffalo (Matthew J. Duggan of Counsel), for Defendants-Appellants Lisa Doucet, Doing Business as Shades of Color and Shades of Color, Inc. Goldberg Segalla LLP, Buffalo (James M. Specyal of Counsel), for Defendant-Appellant I.C. Construction Services, Inc. Law Office of J. Michael Hayes, Buffalo (William J. Hallett of Counsel), for Plaintiffs-Respondents. Appeals from an order of the Supreme Court, Erie County (John B. Licata, J.), entered March 8, 2023. The order denied the motions of defendants LPCiminelli, Inc., LPCiminelli Construction Corp., Lisa Doucet, doing business as Shades of Color, Shades of Color, Inc., and I.C. Construction Services, Inc. for summary judgment dismissing plaintiffs’ amended complaint and all cross-claims against them. It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting the motion of defendants LPCiminelli, Inc. and LPCiminelli Construction Corp. and the motion of defendants Lisa Doucet, doing business as Shades of Color, and Shades of Color, Inc. and dismissing the amended complaint and all cross- claims against those defendants, and as modified the order is affirmed without costs. Same memorandum as in Mariacher v. LPCiminelli, Inc. ([appeal No. 1] — AD3d — [Mar. 22, 2024] [4th Dept 2024]).

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