GUARD CONTRACTING CORP ALSO KNOWN AS GUARD CONSTRUCTION CONTRACTING CORP FOURTH PARTY PLAINTIFF APPELLANT v. DAMON MOREY LLP BUFFALO HEDWIG AULETTA OF COUNSEL FOR FOURTH PARTY DEFENDANT RESPONDENT (2013)

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

GUARD CONTRACTING CORP., ALSO KNOWN AS GUARD CONSTRUCTION & CONTRACTING, CORP., FOURTH–PARTY PLAINTIFF–APPELLANT, v. INNOVATIVE INSULATED SYSTEMS, INC., ALSO KNOWN AS INNOVATIVE INSULATION INC., FOURTH–PARTY DEFENDANT–RESPONDENT. (APPEAL NO. 1.) GOLDBERG SEGALLA LLP, BUFFALO (BRIAN R. BIGGIE OF COUNSEL), FOR FOURTH–PARTY PLAINTIFF–APPELLANT. DAMON MOREY LLP, BUFFALO (HEDWIG M. AULETTA OF COUNSEL), FOR FOURTH–PARTY DEFENDANT–RESPONDENT.

CA 12–00797

Decided: July 05, 2013

PRESENT: CENTRA, J.P., FAHEY, CARNI, WHALEN, AND MARTOCHE, JJ.

MEMORANDUM AND ORDER

GUARD CONSTRUCTION & CONTRACTING, CORP.,

THIRD–PARTY DEFENDANT.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Same Memorandum as in Bellreng v. Sicoli & Massaro, Inc. ( [appeal No. 2] _ AD3d _ [July 5, 2013] ).

Frances E. Cafarell

Clerk of the Court

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