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Smith v Triple-O Mech., Inc., 2024 NY Slip Op 03663 [229 AD3d 1166]

July 3, 2024

Appellate Division, Fourth Department

[*1]

Bruce D. Smith, Respondent,

v

Triple-O Mechanical, Inc., et al., Appellants. (Appeal No. 1.)

Underberg & Kessler LLP, Rochester (David M. Tang of counsel), for defendants-appellants.

Hodgson Russ LLP, Buffalo (Ryan J. Lucinski of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Genesee County (Timothy J. Walker, A.J.), entered June 30, 2023. The order granted the motion of plaintiff to compel certain discovery and held in abeyance defendants’ cross-motion for summary judgment.

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

Same memorandum as in Smith v Triple-O Mech., Inc. ([appeal No. 2] 229 AD3d 1166 [4th Dept 2024]). Present—Whalen, P.J., Lindley, Montour, Ogden and DelConte, JJ..