Rogers v. DS Restoration & Residential Servs. Co.
Opinion
| Rogers v DS Restoration & Residential Servs. Co. |
| 2026 NY Slip Op 00726 |
| Decided on February 11, 2026 |
| 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 February 11, 2026 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: LINDLEY, J.P., BANNISTER, GREENWOOD, NOWAK, AND HANNAH, JJ.
932 CA 24-01984
v
DS RESTORATION & RESIDENTIAL SERVICES CO., LENARD C. DABNEY, DEFENDANTS-APPELLANTS, ET AL., DEFENDANT. (APPEAL NO. 2.)
RUPP PFALZGRAF LLC, BUFFALO (JILL R. ALLEN OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
O'BRIEN & FORD, P.C., BUFFALO (CHRISTOPHER M. PANNOZZO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Appeal from an order of the Supreme Court, Erie County (Raymond W. Walter, J.), entered November 14, 2024, in a Labor Law and common-law negligence action. The order denied the motion of defendants DS Restoration & Residential Services Co. and Lenard C. Dabney seeking leave to reargue their June 6, 2024 motion for summary judgment relating to plaintiff's Labor Law § 240 (1) cause of action.
It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Empire Ins. Co. v Food City , 167 AD2d 983, 984 [4th Dept 1990]).
Entered: February 11, 2026
Ann Dillon Flynn
Clerk of the Court
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