Opinion
2014-05-2
James M. HELD, et al., Plaintiffs, v. The PIKE COMPANY, et al., Defendants. The Pike Company, Amthor Steel, Inc. and Catholic Health System, Inc., Third–Party Plaintiffs–Respondents, v. CME Associates, Inc., Third–Party Defendant–Appellant.
Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered January 14, 2013. The order, among other things, denied the motion of third-party defendant for summary judgment dismissing the amended third-party complaint. Goergen, Manson & McCarthy, Buffalo (Joseph G. Goergen, II, of Counsel), for Third–Party Defendant–Appellant. Pillinger Miller Tarallo, LLP, Elmsford (Jeffrey D. Schulman of Counsel), for Third–Party Plaintiffs–Respondents.
Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered January 14, 2013. The order, among other things, denied the motion of third-party defendant for summary judgment dismissing the amended third-party complaint.
Goergen, Manson & McCarthy, Buffalo (Joseph G. Goergen, II, of Counsel), for Third–Party Defendant–Appellant. Pillinger Miller Tarallo, LLP, Elmsford (Jeffrey D. Schulman of Counsel), for Third–Party Plaintiffs–Respondents.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, and WHALEN, JJ., concur.