Opinion
CA 03-00794.
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.
William J. Leberman, Syracuse, for Defendant-Appellant.
Levitt Gordon, New Hartford (Dean L. Gordon of Counsel), for Plaintiff-Respondent.
Law Offices of Joseph D. Callery, Syracuse (James C. Brady of Counsel), for Defendant On Counterclaim/Third-Party Plaintiff-Respondent.
Rossi and Murnane, Utica (Vincent J. Rossi, Jr., of Counsel), for Third-Party Defendant-Respondent.
Before: Present: Pigott, Jr., P.J., Green, Scudder, Kehoe, and Hayes, JJ.
MEMORANDUM AND ORDER
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 [Nov. 21, 2003]).