| Madison v Spancrete Mach. Corp. |
| 2004 NY Slip Op 06893 [11 AD3d 1054] |
| Decided on October 1, 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 October 1, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GORSKI, MARTOCHE, AND HAYES, JJ.
1084 CA 04-00663
[*1]TYRONE L. MADISON, PLAINTIFF-RESPONDENT, ORDER
v
SPANCRETE MACHINE CORPORATION, DEFENDANT-APPELLANT. ——————————————————————————— SPANCRETE MACHINE CORPORATION, THIRD-PARTY PLAINTIFF-APPELLANT, OLD CASTLE PRE-CAST, INC., FORMERLY KNOWN AS SPANCRETE NORTHEAST, INC., THIRD-PARTY DEFENDANT-RESPONDENT.
Appeal from an order of the Supreme Court, Monroe County (Robert J. Lunn, J.), entered November 17, 2003. The order, insofar as appealed from, denied in part the motion of defendant-third party plaintiff for summary judgment dismissing the complaint and for judgment on its common-law indemnification claim against third-party defendant and dismissed the common-law indemnification claim.
CULLEY, MARKS, TANENBAUM & PEZZULO LLP, ROCHESTER (AMY L. DI FRANCO OF COUNSEL), FOR DEFENDANT-APPELLANT AND THIRD-PARTY PLAINTIFF-APPELLANT.
MORAN & KUFTA P.C., ROCHESTER (JAMES J. MORAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
LAW OFFICES OF LOUIS H. SIEGEL, BUFFALO (MARGOT S. BENNETT OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: October 1, 2004
JoAnn M. Wahl
Clerk of the Court