Opinion
CA 05-01347.
February 3, 2006.
Appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered October 18, 2004 in a personal injury action. The order, among other things, granted in part the cross motion of third-party defendant for summary judgment dismissing the third-party complaint.
LAW OFFICES OF JOHN QUACKENBUSH, BUFFALO (RALPH CESSARIO OF COUNSEL), FOR DEFENDANT-APPELLANT AND THIRD-PARTY PLAINTIFF-APPELLANT.
CAMPBELL SHELTON LLP, EDEN (R. COLIN CAMPBELL OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
O'NEILL, CANTWELL, FEELEY BROWNELL, BUFFALO (EARL K. CANTWELL, II, OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT.
Present: Green, J.P., Scudder, Kehoe, Martoche and Pine, JJ.
It is hereby ordered that said appeal insofar as it concerns the third-party complaint be and the same hereby is unanimously dismissed ( see Empire Ins. Co. v. Food City, 167 AD2d 983, 984) and the order is affirmed without costs.