New York State Thruway Auth. v KTA-Tator Eng'g Servs., P.C.
2007 NY Slip Op 07213 [43 AD3d 1405]
September 28, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 7, 2007


New York State Thruway Authority, Respondent, v KTA-Tator Engineering Services, P.C., Respondent and Third-Party Plaintiff-Respondent. Liberty Insurance Corporation, Third-Party Defendant-Appellant and Second Third-Party Plaintiff-Appellant. Continental Insurance Company, Second Third-Party Defendant-Respondent.

—[*1] Jaffe & Asher LLP, New York City (Marshall T. Potashner of counsel), for third-party defendant-appellant and second third-party plaintiff-appellant.

Phillips Lytle LLP, Buffalo (William D. Christ of counsel), for defendant-respondent and third-party plaintiff-respondent.

Costello Cooney & Fearon, PLLC, Syracuse (Maureen G. Fatcheric of counsel), for second third-party defendant-respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered September 15, 2006. The judgment, insofar as appealed from, granted the motion of defendant and third-party plaintiff for partial summary judgment, denied the cross motion of third-party defendant and second third-party plaintiff to compel disclosure and granted in part the motion of second third-party defendant for a declaratory judgment.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed with costs. Present—Scudder, P.J., Gorski, Centra, Lunn and Peradotto, JJ.