NCA COMP INC AS ADMINISTRATOR OF CONTRACTORS SELF INSURANCE TRUST FUND PLAINTIFF APPELLANT v. APPEAL NO (2017)

Supreme Court, Appellate Division, Fourth Department.

NCA COMP, INC., AS ADMINISTRATOR OF CONTRACTORS SELF–INSURANCE TRUST FUND, PLAINTIFF–APPELLANT, v. 1289 CLIFFORD AVE., DOING BUSINESS AS EMPIRE HEATING & AIR CONDITIONING, ET AL., DEFENDANTS, MEMMINGER'S PAINTING, INC., AND HISTORICON, INC., DEFENDANTS–RESPONDENTS. (APPEAL NO. 2.)

CA 16–00066

Decided: June 09, 2017

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, AND LINDLEY, JJ.

TREVETT CRISTO SALZER ANDOLINA, P.C., ROCHESTER (ALAN J. DEPETERS OF COUNSEL), FOR PLAINTIFF–APPELLANT. PHILLIPS LYTLE LLP, BUFFALO (CRAIG R. BUCKI OF COUNSEL), FOR DEFENDANTS–RESPONDENTS.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the motion and cross motion are denied, and the complaint against defendants Memminger's Painting, Inc. and Historicon, Inc. is reinstated.

Same memorandum as in NCA Comp, Inc. v 1289 Clifford Ave., doing business as Empire Heating & Air Conditioning ( [appeal No. 1] ) _ AD3d _ [June 9, 2017] ).

Frances E. Cafarell

Clerk of the Court

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