Opinion
CA 04-02073.
July 1, 2005.
Appeal from an order of the Supreme Court, Niagara County (Vincent E. Doyle, J.), entered March 26, 2004. The order, insofar as appealed from, upon reargument, granted that part of third-party plaintiff's cross motion for summary judgment against third-party defendant for contractual and common-law indemnification.
BAXTER SMITH, P.C., WEST SENECA (SIM R. SHAPIRO OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.
HURWITZ FINE, P.C., BUFFALO (DAN D. KOHANE OF COUNSEL), AND SMITH LA QUERCIA, LLP, NEW YORK, FOR THIRD-PARTY PLAINTIFF-RESPONDENT.
Before: Pigott, Jr., P.J., Green, Gorski, Smith and Hayes, JJ.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs ( see Hughes v. Nussbaumer, Clarke Velzy, 140 AD2d 988; Chase Manhattan Bank v. Roberts Roberts, 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).