Holler v Dominion Energy Transmission, Inc.

Holler v Dominion Energy Transmission, Inc. 2023 NY Slip Op 05838 Decided on November 17, 2023 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 November 17, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CURRAN, BANNISTER, OGDEN, AND NOWAK, JJ.
726 CA 23-00009

[*1]DONALD HOLLER, PLAINTIFF,

v

DOMINION ENERGY TRANSMISSION, INC., AND LMC INDUSTRIAL CONTRACTORS, INC., DEFENDANTS-RESPONDENTS. LMC INDUSTRIAL CONTRACTORS, INC., THIRD-PARTY PLAINTIFF-RESPONDENT, O'CONNELL ELECTRIC COMPANY, INC., THIRD-PARTY DEFENDANT-APPELLANT. (APPEAL NO. 2.)

LAW OFFICES OF JOHN WALLACE, BUFFALO, MAURO LILLING NAPARTY LLP, WOODBURY (SETH M. WEINBERG OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.

GORDON REES SCULLY MANSUKHANI, LLP, HARRISON (LYNN ABELSON LIEBMAN OF COUNSEL), FOR DEFENDANT-RESPONDENT DOMINION ENERGY TRANSMISSION, INC.

RUPP PFALZGRAF LLC, ROCHESTER (KEVIN J. FEDERATION OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-RESPONDENT AND DEFENDANT-RESPONDENT LMC INDUSTRIAL CONTRACTORS, INC.

Appeal from an order of the Supreme Court, Monroe County (Gail Donofrio, J.), entered December 2, 2022. The order, insofar as appealed from, denied that part of the motion of third-party defendant seeking leave to renew its opposition to the motions for partial summary judgment of defendant-third-party plaintiff LMC Industrial Contractors, Inc. and defendant Dominion Energy Transmission, Inc.

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

Same memorandum as in Holler v Dominion Energy Transmission, Inc. ([appeal No. 1] — AD3d — [Nov. 17, 2023] [4th Dept 2023]).

Entered: November 17, 2023

Ann Dillon Flynn

Clerk of the Court