Opinion
CA 03-00484.
December 31, 2003.
Appeal from an order of Supreme Court, Jefferson County (Schwerzmann, J.), entered November 21, 2002, which granted the motions and cross motion of third-party defendants for leave to amend the third-party answers and the cross motion of defendant for leave to amend the answer to add the affirmative defense of lack of standing and dismissed the complaint.
SETRIGHT LONGSTREET, LLP, SYRACUSE (MICHAEL J. LONGSTREET OF COUNSEL), FOR PLAINTIFF-APPELLANT.
AMDURSKY, PELKY, FENNELL WALLEN, P.C., OSWEGO (TIMOTHY J. FENNELL OF COUNSEL), FOR DEFENDANT-RESPONDENT.
LAW OFFICE OF WALTER R. PACER, JR., BUFFALO (MICHAEL R. MENDOLA OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT ABL PLUMBING HEATING CORP.
SMITH, SOVIK, KENDRICK SUGNET, P.C., SYRACUSE (GABRIELLE MARDANY HOPE OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT LAW BROTHERS CONTRACTING CORPORATION.
COSTELLO, COONEY FEARON, PLLC, SYRACUSE (NICOLE M. MARLOW OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT ONTARIO PROFESSIONAL BUILDERS, INC.
LAW OFFICES OF LAURIE G. OGDEN, SYRACUSE (P. DAVID TWICHELL OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT FULLER EXCAVATING, INC.
Before: PRESENT: PIGOTT, JR., P.J., GREEN, SCUDDER, KEHOE, AND HAYES, JJ.
ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs for the reasons stated in decision at Supreme Court, Jefferson County, Schwerzmann, J.