| Schilling v Accadia Enters., Inc. |
| 2005 NY Slip Op 04929 [19 AD3d 1168] |
| June 10, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Patricia Schilling, as Executrix of Donald W. Schilling, Deceased, Respondent, v Accadia Enterprises, Inc., Defendant and Third-Party Plaintiff-Respondent. John A. Malark, Third-Party Defendant-Respondent, and Banc One Acceptance Corp., Third-Party Defendant-Appellant. |
—[*1]Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered March 24, 2004 in a wrongful death action. The order, among other things, denied the cross motion of third-party defendant Banc One Acceptance Corp. seeking dismissal of the third-party claims against it.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs (see Schilling v Malark, 13 AD3d 1153 [2004]). Present—Martoche, J.P., Smith, Lawton and Hayes, JJ.