Giacometti v Farrell

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Giacometti v Farrell 2015 NY Slip Op 08604 Decided on November 20, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 20, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, LINDLEY, AND VALENTINO, JJ.
1267 CA 15-00380

[*1]ADAM GIACOMETTI, PLAINTIFF-RESPONDENT-APPELLANT,

v

JACOB B. FARRELL, COUNTY OF ERIE, TIMOTHY B. HOWARD, IN HIS CAPACITY AS ERIE COUNTY SHERIFF, DEPUTY THOMAS WAS, BUFFALO BILLS INC., DEFENDANTS-RESPONDENTS-RESPONDENTS, ET AL., DEFENDANTS. (ACTION NO. 1.) ———————————————————————— COUNTY OF ERIE AND BUFFALO BILLS INC., THIRD-PARTY PLAINTIFFS, CONTEMPORARY SERVICES CORPORATION AND EXECUTIVE SECURITY MANAGEMENT, INC. DOING BUSINESS AS THE APEX GROUP, THIRD-PARTY DEFENDANTS. ————————————————————————



ADAM GIACOMETTI, PLAINTIFF-RESPONDENT-APPELLANT, V

v

CONTEMPORARY SERVICES CORPORATION, DEFENDANT, AND EXECUTIVE SECURITY MANAGEMENT, INC. DOING BUSINESS AS THE APEX GROUP, DEFENDANT-APPELLANT-RESPONDENT. (ACTION NO. 2.) (APPEAL NO. 1.)



BARCLAY DAMON LLP, BUFFALO (VINCENT G. SACCOMANDO OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.

SMITH, MINER, O'SHEA & SMITH, LLP, BUFFALO (CARRIE L. SMITH OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

GOLDBERG SEGALLA LLP, BUFFALO (TROY S. FLASCHER OF COUNSEL), FOR DEFENDANTS-RESPONDENTS-RESPONDENTS COUNTY OF ERIE AND BUFFALO BILLS INC.



Appeal and cross appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered June 30, 2014. The order, among other things, granted the motion of defendants County of Erie and Buffalo Bills Inc. for summary judgment dismissing the complaint and cross claims against them and denied in part the cross motion of defendant Executive Security Management, Inc. doing business as The Apex Group, for summary judgment.

It is hereby ORDERED that said appeal and cross appeal are unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985).

Entered: November 20, 2015

Frances E. Cafarell

Clerk of the Court