Jones v Northern Safety Co.
2004 NY Slip Op 00920 [4 AD3d 900]
Decided on February 11, 2004
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on February 11, 2004
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, GORSKI, AND HAYES, JJ.

235 CA 03-01001

[*1]EVELYN H. JONES, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF RAYMOND M. JONES, DECEASED, PLAINTIFF, ORDER

v

NORTHERN SAFETY COMPANY, INC., DEFENDANT. ——————————————————————————— NORTHERN SAFETY COMPANY, INC., THIRD-PARTY PLAINTIFF-RESPONDENT, MARY JEAN JONES, THIRD-PARTY DEFENDANT-APPELLANT.



Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered January 29, 2003. The order, inter alia, denied the motion of third-party defendant for summary judgment dismissing the third-party complaint.


THOMAS F. O'BRIEN, CLINTON, FOR THIRD-PARTY DEFENDANT-APPELLANT.
KOWALCZYK, TOLLES & DEERY, LLP, UTICA (ROBERT K. HILTON, III, OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-RESPONDENT.


It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: February 11, 2004
JoAnn M. Wahl
Clerk of the Court