Opinion
CA 04-03027.
June 10, 2005.
Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered March 24, 2004 in a wrongful death action. The order, among other things, denied the cross motion of third-party defendant Banc One Acceptance Corp. seeking dismissal of the third-party claims against it.
GOLDBERG SEGALLA LLP, BUFFALO (PAUL D. MC CORMICK OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.
LAW OFFICES OF EUGENE C. TENNEY, BUFFALO (LAURA C. DOOLITTLE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
COLUCCI GALLAHER, P.C., BUFFALO (MARYBETH PRIORE OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-RESPONDENT.
Before: Martoche, J.P., Smith, Lawton and Hayes, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs ( see Schilling v. Malark, 13 AD3d 1153).