| Kosel v Timber Ridge Constr. Corp. |
| 2004 NY Slip Op 05033 [8 AD3d 1133] |
| Decided on June 14, 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 June 14, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: WISNER, J.P., HURLBUTT, GORSKI, MARTOCHE, AND HAYES, JJ.
855 CA 04-00165
[*1]SCOTT M. KOSEL, PLAINTIFF, ORDER
v
TIMBER RIDGE CONSTRUCTION CORP. ET AL., DEFENDANTS. ———————————————————————— TIMBER RIDGE CONSTRUCTION CORP. AND WVCO6, INC., THIRD-PARTY PLAINTIFFS-RESPONDENTS, ENERGY INSULATION SYSTEMS, INC., THIRD-PARTY DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered August 7, 2003. The order, insofar as appealed from, denied that part of third-party defendant's motion to dismiss the third-party complaint.
SUGARMAN LAW FIRM, LLP, SYRACUSE (SHERRY R. BRUCE OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.
OSBORN, REED & BURKE, LLP, ROCHESTER (AIMEE L. KOCH OF COUNSEL), FOR THIRD-PARTY PLAINTIFFS-RESPONDENTS.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: June 14, 2004
JoAnn M. Wahl
Clerk of the Court