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Sampson v. Sampson

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 20, 2009
60 A.D.3d 1362 (N.Y. App. Div. 2009)

Opinion

No. CA 08-01956.

March 20, 2009.

Appeal and cross appeal from an order of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered December 5, 2007 in a personal injury action. The order denied the motion of defendant-third-party plaintiff for summary judgment and denied the motion of third-party defendant for summary judgment.

WILSON, ELSER, MOSKOWITZ, EDELMAN DICKER LLP, ALBANY (DOUGLAS R. KEMP OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT AND THIRD-PARTY PLAINTIFF-APPELLANT-RESPONDENT.

CHELUS, HERDZIK, SPEYER MONTE, P.C., BUFFALO (MICHAEL F. CHELUS OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT-APPELLANT.

JOHN J. FLAHERTY, WILLIAMSVILLE, FOR PLAINTIFF-RESPONDENT.

GIBSON, McASKILL CROSBY, LLP, BUFFALO (NORMAN B. VITI, JR., OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Before: Martoche, J.P., Centra, Carni and Gorski, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated in the decision at Supreme Court. We write only to note that the contention of defendant and third-party plaintiff that Workers' Compensation Law § 29 (6) bars plaintiff's action against it is raised for the first time on appeal, and we therefore do not consider it ( see Oram v Capone, 206 AD2d 839, 840).


Summaries of

Sampson v. Sampson

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 20, 2009
60 A.D.3d 1362 (N.Y. App. Div. 2009)
Case details for

Sampson v. Sampson

Case Details

Full title:P. MARC SAMPSON, Respondent, v. RAINBOW FORD LINCOLN MERCURY, INC.…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 20, 2009

Citations

60 A.D.3d 1362 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 2093
874 N.Y.S.2d 845