Walczak v Corto Bros., II, Inc. (2007 NY Slip Op 08590)

Walczak v Corto Bros., II, Inc.

2007 NY Slip Op 08590 [45 AD3d 1360]

November 9, 2007

Appellate Division, Fourth Department

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

As corrected through Wednesday, January 16, 2008

Dawn Walczak, as Parent and Natural Guardian of A.J.W., Respondent, v Corto Brothers, II, Inc., Individually and Doing Business as Corto's Salon, et al., Defendants and Third-Party Plaintiffs-Respondents. Wella Corporation, Third-Party Defendant-Appellant.

—[*1] Walsh & Wilkins, Buffalo (Jill Tuholski of counsel), for third-party defendant-appellant.

Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered May 24, 2007. The order, insofar as appealed from, denied the motion of third-party defendant for a bifurcated trial.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Gorski, J.P., Smith, Centra, Lunn and Peradotto, JJ.