Opinion
1 A.D.3d 1010 767 N.Y.S.2d 354 Lakewood Construction Co., Inc., Respondent v. Martin Brody, Appellant. Lakewood Construction Co., Inc., Third-Party Plaintiff-Respondent, v. Oneida Floor Co., Inc., Third-Party Defendant-Respondent. (Appeal No. 4.) Supreme Court of New York, Fourth Department November 21, 2003.
Appeal from an order of Supreme Court, Oneida County (Ringrose, J.), entered November 14, 2002, which granted in part the cross motion of third-party defendant for summary judgment dismissing the amended third-party complaint.
OPINION It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying in its entirety third-party defendant's cross motion and reinstating in its entirety the amended third-party complaint and as modified the order is affirmed without costs.
Same memorandum as in Lakewood Constr. Co. ([appeal No. 1] 1 A.D.3d 1007 [2003]).
Present--Pigott, Jr., P.J., Green, Scudder, Kehoe and Hayes, JJ.