Opinion
CA 05-00023.
Decided June 10, 2005.
Appeal from an order of the Supreme Court, Erie County (Ronald H. Tills, A.J.), entered July 16, 2004. The order denied the motion of third-party defendant for summary judgment dismissing the third-party complaint.
O'NEILL, CANTWELL, FEELEY BROWNELL, BUFFALO (CARLTON K. BROWNELL, III, OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.
LAW OFFICES OF MARY A. BJORK, BUFFALO (THOMAS P. CUNNINGHAM OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-RESPONDENT.
PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, GORSKI, AND HAYES, JJ.
ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.