| O'dee v Ruth |
| 2005 NY Slip Op 04883 [19 AD3d 1186] |
| Decided on June 10, 2005 |
| 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 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, GORSKI, AND HAYES, JJ.
792 CA 05-00023
[*1]NICOLE A. O'DEE, PLAINTIFF, ORDER
v
PAULINE RUTH, DEFENDANT. ———————————————————————- PAULINE RUTH, THIRD-PARTY PLAINTIFF-RESPONDENT, JOHN FOX, THIRD-PARTY DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Erie County (Ronald H. Tills, A.J.), entered July 16, 2004. The order denied the motion of third-party defendant for summary judgment dismissing the third-party complaint.
O'NEILL, CANTWELL, FEELEY & BROWNELL, BUFFALO (CARLTON K. BROWNELL, III, OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.
LAW OFFICES OF MARY A. BJORK, BUFFALO (THOMAS P. CUNNINGHAM OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: June 10, 2005
JoAnn M. Wahl
Clerk of the Court