| Wockasen v Town of Tonawanda |
| 2004 NY Slip Op 06976 [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., HURLBUTT, GORSKI, AND LAWTON, JJ.
1185 CA 04-00625
[*1]JANET M. WOCKASEN AND ROBERT WOCKASEN, PLAINTIFFS-APPELLANTS, ORDER
v
TOWN OF TONAWANDA AND TOWN OF TONAWANDA HIGHWAY DEPARTMENT, DEFENDANTS-RESPONDENTS. ——————————————————————————— TOWN OF TONAWANDA, ET AL., THIRD-PARTY PLAINTIFFS, MUNICIPAL MILLING & MIX-IN-PLACE, INC., THIRD-PARTY DEFENDANT-RESPONDENT.
Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered June 5, 2003. The order granted the motion of defendants for summary judgment dismissing the complaint and all cross claims against them.
GIBSON MC ASKILL & CROSBY LLP, BUFFALO (KEVIN P. BRACH OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
BROWN & KELLY, LLP, BUFFALO (NICOLE B. PALMERTON OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
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