July 5, 2013
BRETT BELLRENG, PLAINTIFF,
SICOLI & MASSARO, INC., ET AL., DEFENDANTS. SICOLI & MASSARO, INC., THIRD-PARTY PLAINTIFF, GUARD CONSTRUCTION & CONTRACTING, CORP., THIRD-PARTY DEFENDANT. GUARD CONTRACTING CORP., ALSO KNOWN AS GUARD CONSTRUCTION & CONTRACTING, CORP., FOURTH-PARTY PLAINTIFF-APPELLANT, INNOVATIVE INSULATED SYSTEMS, INC., ALSO KNOWN AS INNOVATIVE INSULATION INC., FOURTH-PARTY DEFENDANT-RESPONDENT. (APPEAL NO. 1.)
Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered November 30, 2011. The order denied the motion of Guard Contracting Corp., also known as Guard Construction & Contracting, Corp. for partial summary judgment on the contractual indemnification cause of action in its fourth-party complaint.
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.
PRESENT: CENTRA, J.P., FAHEY, CARNI, WHALEN, AND MARTOCHE, JJ.
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] ___ A.D.3d ___ [July