Opinion
CA 02-00266
October 1, 2002.
Appeal from an order of Supreme Court, Erie County (Mintz, J.), entered May 4, 2001, which, inter alia, denied plaintiff's motion to dismiss the third-party action.
HAMSHER VALENTINE, BUFFALO (RICHARD P. VALENTINE OF COUNSEL), FOR PLAINTIFF-APPELLANT.
DAMON MOREY LLP, BUFFALO (AMY ARCHER FLAHERTY OF COUNSEL), FOR DEFENDANT-RESPONDENT AND THIRD-PARTY PLAINTIFF-RESPONDENT.
PRESENT: GREEN, J.P., HAYES, HURLBUTT, GORSKI, AND LAWTON, JJ.
ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs for the reasons stated at Supreme Court, Erie County, Mintz, J.