*1 SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department 444

CA 12-00797

PRESENT: CENTRA, J.P., FAHEY, CARNI, WHALEN, AND MARTOCHE, JJ. BRETT BELLRENG, PLAINTIFF,

V MEMORANDUM AND ORDER SICOLI & MASSARO, INC., ET AL., DEFENDANTS.

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SICOLI & MASSARO, INC., THIRD-PARTY PLAINTIFF,

V GUARD CONSTRUCTION & CONTRACTING, CORP., THIRD-PARTY DEFENDANT.

----------------------------------------------- GUARD CONTRACTING CORP., ALSO KNOWN AS GUARD

CONSTRUCTION & CONTRACTING, CORP., FOURTH-PARTY

PLAINTIFF-APPELLANT,

V

INNOVATIVE INSULATED SYSTEMS, INC., ALSO KNOWN

AS INNOVATIVE INSULATION INC., FOURTH-PARTY

DEFENDANT-RESPONDENT.

(APPEAL NO. 1.)

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. 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.

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] ___ AD3d ___ [July 5, 2013]).

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CA 12-00797 Entered: July 5, 2013 Frances E. Cafarell

Clerk of the Court