Doyle v Barden & Robeson Corp.
2007 NY Slip Op 00882 [37 AD3d 1138]
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 et al., Defendants, and Milo Corporation, Respondent. (Appeal No. 4.)

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

Augello & Matteliano, LLP, Buffalo (Joseph A. Matteliano of counsel), for defendant-respondent.

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

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