Opinion
CA 02-02228
June 13, 2003.
Appeal from an order of Supreme Court, Niagara County (Fricano, J.), entered July 15, 2002, which, inter alia, granted the motion of fourth-party plaintiff to strike the answer of fourth-party defendants.
DAVID W. KLOSS, BUFFALO, FIEDELMAN McGAW, JERICHO (ANDREW ZAJAC OF COUNSEL), FOR FOURTH-PARTY DEFENDANTS-APPELLANTS.
PHILLIPS, LYTLE, HITCHCOCK, BLAINE HUBER LLP, BUFFALO (PAUL MORRISON-TAYLOR OF COUNSEL), FOR FOURTH-PARTY PLAINTIFF-RESPONDENT.
PRESENT: GREEN, J.P., WISNER, SCUDDER, KEHOE, AND BURNS, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied, the answer is reinstated and the award of judgment is vacated.
Same Memorandum as in Sloniger v. Niagara Mohawk Power Corp. ([appeal No. 1] 306 A.D.2d 842 [June 13, 2003]).