Zarnoch v Luckina

Zarnoch v Luckina 2017 NY Slip Op 02232 Decided on March 24, 2017 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 24, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, DEJOSEPH, AND SCUDDER, JJ.
237 CA 16-00779

[*1]JERAD M. ZARNOCH, PLAINTIFF-APPELLANT,

v

ROBERT W. LUCKINA, INDIVIDUALLY AND DOING BUSINESS AS ROB LUCKINA CONSTRUCTION, DEFENDANT-RESPONDENT. (APPEAL NO. 1.)

EDWARD C. COSGROVE, BUFFALO, FOR PLAINTIFF-APPELLANT.

ROSSI & ROSSI, ATTORNEYS AT LAW PLLC, NEW YORK MILLS (VINCENT J. ROSSI, JR., OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Oneida County (Norman I. Siegel, J.), entered July 23, 2015. The order, among other things, denied the cross motion of plaintiff to dismiss the affirmative defense of special employment.

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

Same memorandum as in Zarnoch v Luckina ([appeal No. 2] ___ AD3d ___ [Mar. 24, 2017]).

Entered: March 24, 2017

Frances E. Cafarell

Clerk of the Court