| Negrych v Smith Bros. Constr. Co., Inc. |
| 2004 NY Slip Op 09936 [13 AD3d 1232] |
| Decided on December 30, 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 December 30, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
1650 CA 04-01447
[*1]WILLIAM NEGRYCH, ET AL., PLAINTIFFS, ORDER
v
SMITH BROTHERS CONSTRUCTION CO., INC., ET AL., DEFENDANTS. —————————————————————————-
SMITH BROTHERS CONSTRUCTION CO., INC. AND ALCOHOL & DRUG DEPENDENCY SERVICES FOUNDATION, INC., THIRD-PARTY PLAINTIFFS-RESPONDENTS,
v
MODERN CONSTRUCTION CORP. OF WNY, THIRD-PARTY DEFENDANT-APPELLANT. —————————————————————————-
MODERN CONSTRUCTION CORP. OF WNY, FOURTH-PARTY PLAINTIFF-APPELLANT-RESPONDENT,
v
NEW TECH COMMERCIAL CONSTRUCTION CORP., FOURTH-PARTY DEFENDANT-RESPONDENT-APPELLANT.
Appeal and cross appeal from an amended order of the Supreme Court, Erie County (Peter J. Notaro, J.), entered September 15, 2003. The amended order, insofar as appealed from, granted the cross motion of third-party plaintiffs for summary judgment on their contractual indemnification and breach of contract claims against third-party defendant, denied the cross motion of fourth-party plaintiff for summary judgment on its contractual indemnification claim against fourth-party defendant and denied the cross motion of fourth-party defendant for summary judgment dismissing the fourth-party complaint.
LAW OFFICE OF THOMAS M. BONA, WHITE PLAINS (JAMES C. MILLER OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT AND FOURTH-PARTY PLAINTIFF-APPELLANT-RESPONDENT.
BROWN & KELLY, LLP, BUFFALO (ANDREW D. MERRICK OF COUNSEL), FOR THIRD-PARTY PLAINTIFFS-RESPONDENTS.
WALSH & WILKINS, BUFFALO (CHRISTOPHER E. WILKINS OF COUNSEL), FOR FOURTH-PARTY DEFENDANT-RESPONDENT-APPELLANT.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for [*2]the parties on October 13, 2004,
It is hereby ORDERED that said appeal and cross appeal be and the same hereby are unanimously dismissed without costs upon stipulation.
Entered: December 30, 2004
JoAnn M. Wahl
Clerk of the Court