| Sparks v Essex Homes of Wny, Inc. |
| 2005 NY Slip Op 07281 [21 AD3d 1442] |
| Decided on September 30, 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 September 30, 2005
MOTION NOS. (806-808/05) CA 04-01571.
[*1] DAVID A. SPARKS, PLAINTIFF,
v
ESSEX HOMES OF WNY, INC., ET AL., DEFENDANTS. ESSEX HOMES OF WNY, INC., THIRD-PARTY PLAINTIFF-RESPONDENT, ALUMINUM GUTTERS, DOING BUSINESS AS NIAGARA GUTTERS, THIRD-PARTY DEFENDANT-APPELLANT. (APPEAL NO. 1.) CA 04-02550.
DAVID A. SPARKS, PLAINTIFF-RESPONDENT, 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. 2.) CA 04-02073. — 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.) — Motion for reargument or, in the alternative, leave to appeal to the Court of Appeals denied.
PRESENT: PIGOTT, JR., P.J., GREEN, GORSKI, SMITH, AND HAYES, JJ. (Filed Sept. 30, 2005.)