Opinion
No. CA 07-02225.
November 14, 2008.
Appeal from a judgment of the Supreme Court, Erie County (Paula L. Feroleto, J.), entered August 20, 2007 in a personal injury action. The judgment directed third-party defendant to indemnify third-party plaintiff for, inter alia, all amounts paid by third-party plaintiff to or on behalf of plaintiffs.
BAXTER, SMITH, TASSAN SHAPIRO, P.C., WEST SENECA (SIM R. SHAPIRO OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.
DEMARIE SCHOENBORN, P.C., BUFFALO (JOSEPH DEMARIE OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-RESPONDENT.
Before: Hurlbutt, J.P., Smith, Centra, Green and Pine, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Same memorandum as in Bissell v Town of Amherst ( 56 AD3d 1144).