| Lakewood Constr. Co. v Brody |
| 2003 NY Slip Op 18699 [1 AD3d 1010] |
| November 21, 2003 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
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| Lakewood Construction Co., Inc., Respondent, v Martin Brody, Appellant. Lakewood Construction Co., Inc., Third-Party Plaintiff-Respondent, v Oneida Floor Co., Inc., Third-Party Defendant-Respondent. (Appeal No. 4.) |
—Appeal from an order of Supreme Court, Oneida County (Ringrose, J.), entered November 14, 2002, which granted in part the cross motion of third-party defendant for summary judgment dismissing the amended third-party complaint.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying in its entirety third-party defendant's cross motion and reinstating in its entirety the amended third-party complaint and as modified the order is affirmed without costs.
Same memorandum as in Lakewood Constr. Co. ([appeal No. 1] 1 AD3d — [2003]). Present—Pigott, Jr., P.J., Green, Scudder, Kehoe and Hayes, JJ.