Messina v O'Shanter Resources, Inc.
2005 NY Slip Op 03544 [17 AD3d 1163]
April 29, 2005
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 22, 2005


Carl R. Messina, Plaintiff, v O'Shanter Resources, Inc., Defendant and Third-Party Plaintiff-Respondent. Security Credit Systems, Inc., Third-Party Defendant-Appellant.

[*1]Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered November 21, 2003. The order granted the cross motion of third-party plaintiff for summary judgment on its indemnification claim against third-party defendant.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs for reasons stated in decision at Supreme Court. Present—Hurlbutt, J.P., Scudder, Gorski, Pine and Lawton, JJ.