Opinion
CA 04-01789.
September 30, 2005.
Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered May 3, 2004. The order, insofar as appealed from, denied the motion of Tom Greenauer Development, Inc. seeking summary judgment dismissing the complaint against it in action No. 1 and seeking judgment against defendant Lamparelli Construction Co., Inc. in action No. 2.
DAMON MOREY LLP, BUFFALO (MICHAEL J. WILLETT OF COUNSEL), FOR DEFENDANT-APPELLANT AND PLAINTIFF-APPELLANT.
Present: Pigott, Jr., P.J., Green, Hurlbutt, Kehoe and Pine, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Same memorandum as in Lamparelli Constr. Co., Inc. v. Berkley Sq. of Hamburg, Inc. ( 21 AD3d 1263).