Hill v. Ames Department Stores Inc.

Full title: MARION HILL, Plaintiff, v. AMES DEPARTMENT STORES INC., Appellant, and…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 10, 1999

262 A.D.2d 757 (N.Y. App. Div. 1999)

689 N.Y.S.2d 404

Opinion

June 10, 1999

Appeal from an order of the Supreme Court (Best, J.), entered October 6, 1998 in Montgomery County, which, inter alia, denied a cross motion by defendant Ames Department Stores Inc. for summary judgment dismissing the complaint against it and for summary judgment on its indemnity claim against defendant Gloversville Plaza Associates L.P.

Phelan, Burke Scolamiero (Peter M. Scolamiero of counsel), Albany, for appellant.

Horigan, Horigan Lombardo (Derek L. Hayden of counsel), Amsterdam, for respondent.

Before: CREW III, J.P., YESAWICH JR., SPAIN, CARPINELLO and GRAFFEO, JJ.

MEMORANDUM AND ORDER

Order affirmed, upon the opinion of Justice Robert P. Best.

Crew III, J.P., Yesawich Jr., Spain, Carpinello and Graffeo, JJ., concur.

ORDERED that the order is affirmed, with costs.