MATTHEW MARIACHER AND LOUISE MARIACHER PLAINTIFFS RESPONDENTS v. LPCIMINELLI INC LPCIMINELLI CONSTRUCTION CORP CONSTRUCTION SERVICES INC LISA DOUCET DOING BUSINESS AS SHADES OF COLOR SHADES OF COLOR INC DEFENDANTS APPELLANTS ET AL DEFENDANTS APPEAL NO (2024)

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

MATTHEW T. MARIACHER AND LOUISE MARIACHER, PLAINTIFFS-RESPONDENTS, v. LPCIMINELLI, INC., LPCIMINELLI CONSTRUCTION CORP., I.C. CONSTRUCTION SERVICES, INC., LISA DOUCET, DOING BUSINESS AS SHADES OF COLOR, SHADES OF COLOR, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 2.)

209 Decided: March 22, 2024

PRESENT: WHALEN, P.J., LINDLEY, GREENWOOD, AND KEANE, JJ.

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.

MEMORANDUM AND ORDER

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]).

Entered: March 22, 2024

Ann Dillon Flynn

Clerk of the Court

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