DONALD HOLLER PLAINTIFF v. DOMINION ENERGY TRANSMISSION INC AND LMC INDUSTRIAL CONTRACTORS INC DEFENDANTS RESPONDENTS (2023)

Supreme Court, Appellate Division, Fourth Department, New York.

DONALD HOLLER, PLAINTIFF, v. DOMINION ENERGY TRANSMISSION, INC., AND LMC INDUSTRIAL CONTRACTORS, INC., DEFENDANTS-RESPONDENTS.
LMC INDUSTRIAL CONTRACTORS, INC., THIRD-PARTY PLAINTIFF-RESPONDENT, v. O'CONNELL ELECTRIC COMPANY, INC., THIRD-PARTY DEFENDANT-APPELLANT. (APPEAL NO. 2.)

726 Decided: November 17, 2023

PRESENT: SMITH, J.P., CURRAN, BANNISTER, OGDEN, AND NOWAK, JJ.

LAW OFFICES OF JOHN WALLACE, BUFFALO, MAURO LILLING NAPARTY LLP, WOODBURY (SETH M. WEINBERG OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT. GORDON REES SCULLY MANSUKHANI, LLP, HARRISON (LYNN ABELSON LIEBMAN OF COUNSEL), FOR DEFENDANT-RESPONDENT DOMINION ENERGY TRANSMISSION, INC. RUPP PFALZGRAF LLC, ROCHESTER (KEVIN J. FEDERATION OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-RESPONDENT AND DEFENDANT-RESPONDENT LMC INDUSTRIAL CONTRACTORS, INC.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Same memorandum as in Holler v Dominion Energy Transmission, Inc. ([appeal No. 1] — AD3d — [Nov. 17, 2023] [4th Dept 2023]).

Entered: November 17, 2023

Ann Dillon Flynn

Clerk of the Court

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