Doyle v Barden & Robeson Corp.
2007 NY Slip Op 00881 [37 AD3d 1137]
February 2, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 11, 2007


Michael Doyle et al., Appellants, v Barden and Robeson Corporation, Respondent, et al., Defendants. (Appeal No. 3.)

—[*1] Cantor, Lukasik, Dolce & Panepinto, P.C., Buffalo (Stephen C. Halpern of counsel), for plaintiffs-appellants.

Creighton, Pearce, Johnsen & Giroux, Buffalo (Catherine Creighton of counsel), for Western New York Area Labor Federation, Western New York Council of Occupational Safety & Health, New York Committee for Occupational Safety and Health and the Buffalo Building Trades Council, Amici Curiae.

Appeal from an amended order of the Supreme Court, Niagara County (Erin M. Peradotto, J.), entered January 20, 2006 in a personal injury action. The amended order denied plaintiffs' motion for summary judgment and granted the cross motion of defendant Barden and Robeson Corporation for summary judgment dismissing the third amended complaint against it.

It is hereby ordered that the amended order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Hurlbutt, J.P., Martoche, Centra, Fahey and Green, JJ.