Opinion
No. CA 08-02267.
October 9, 2009.
Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered July 28, 2008 in a personal injury action. The order, inter alia, granted the motions of third-party defendants for summary judgment dismissing the amended third-party complaint and all cross claims against them.
KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (THERESA J. PULEO OF COUNSEL), FOR THIRD-PARTY PLAINTIFFS-APPELLANTS.
BROWN amp; KELLY, LLP, BUFFALO (LISA T. SOFFERIN OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT INGALLS SITE DEVELOPMENT, INC., FORMERLY KNOWN AS DAVID OGIONY DEVELOPMENT CO., INC.
CHELUS, HERDZIK, SPEYER amp; MONTE, P.C., BUFFALO (THOMAS J. SPEYER OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT AHLSTROM-SCHAEFFER ELECTRIC CORPORATION.
BAXTER SMITH amp; SHAPIRO, P.C., WEST SENECA (WILLIAM BOLTREK OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT PETTIT amp; PETTIT, INC.
Present: Scudder, P.J., Hurlbutt, Peradotto, Green and Gorski, JJ.
It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion of third-party defendant Ingalls Site Development, Inc., formerly known as David Ogiony Development Co., Inc., and reinstating the amended third-party complaint and cross claim against it, and by denying in part the motion of third-party defendant Pettit Pettit, Inc. and reinstating the third and fourth causes of action and cross claim against it, and as modified the order is affirmed without costs.
Same memorandum as in Hunt v Ciminelli-Cowper Co., Inc. ( 66 AD3d 1506).