Sparks v Essex Homes of WNY, Inc. (2005 NY Slip Op 05654)

Sparks v Essex Homes of WNY, Inc.

2005 NY Slip Op 05654 [20 AD3d 906]

July 1, 2005

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, September 21, 2005

David A. Sparks, Plaintiff, v Essex Homes of WNY, Inc., et al., Defendants. Essex Homes of WNY, Inc., Third-Party Plaintiff-Respondent,
v
Aluminum Gutters, Doing Business as Niagara Gutters, Third-Party Defendant-Appellant. (Appeal No. 3.)

—[*1]Appeal from a judgment of the Supreme Court, Niagara County (Vincent E. Doyle, J.), entered July 30, 2004. The judgment ordered third-party defendant to indemnify third-party plaintiff pursuant to an order entered March 26, 2004.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Same memorandum as in Sparks v Essex Homes of WNY, Inc. ([appeal No. 2] 20 AD3d 905 [2005]). Present—Pigott, Jr., P.J., Green, Gorski, Smith and Hayes, JJ.