        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.
-----------------------------------------------
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]).
                          -2-                  444
                                         CA 12-00797




Entered:   July 5, 2013         Frances E. Cafarell
                                Clerk of the Court
