Opinion
CA 01-01433
February 1, 2002.
Appeal from an order of Supreme Court, Erie County (O'Donnell, J.), entered August 29, 2000, which, inter alia, granted third-party plaintiff's motion for summary judgment.
SMITH, SOVIK, KENDRICK SUGNET, P.C., SYRACUSE (JENNIFER L. PLOETZ OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.
WALSH, PERLEY WILKINS, BUFFALO (MICHAEL F. PERLEY OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-RESPONDENT.
PRESENT: GREEN, J.P., PINE, KEHOE, AND GORSKI, JJ.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.