Opinion
CA 02-02615
October 9, 2003.
Appeal from an amended judgment of Supreme Court, Erie County (O'Donnell, J.), entered October 21, 2002, which, inter alia, dismissed the third-party complaint.
CHELUS, HERDZIK, SPEYER, MONTE PAJAK, P.C., BUFFALO (ARTHUR A. HERDZIK OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-APPELLANT.
LAW OFFICE OF MARY A. BJORK, BUFFALO, RUPP, BAASE, PFALZGRAF CUNNINGHAM LLC, BUFFALO (JEFFREY F. BAASE OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., GREEN, PINE, SCUDDER, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the amended judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Same Memorandum as in Beeley v. Spencer ([appeal No. 5] 309 A.D.2d 1303 [Oct. 9, 2003]).