Opinion
CA 02-02229
June 13, 2003.
Appeal from a judgment of Supreme Court, Niagara County (Fricano, J.), entered August 15, 2002, upon a decision in favor of fourth-party plaintiff.
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 judgment so appealed from be and the same hereby is unanimously vacated without costs.
Same Memorandum as in Sloniger v. Niagara Mohawk Power Corp. ([appeal No. 1] 306 A.D.2d 842 [June 13, 2003]).