Rohde v Duell
2007 NY Slip Op 08642 [45 AD3d 1392]
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


Raymond W. Rohde, Jr., Plaintiff, v William H. Duell, Doing Business as Pennwood Construction, Respondent, and Chilson-Wilcox, Inc., et al., Appellants.

—[*1] Goldberg Segalla LLP, Rochester (Patrick B. Naylon of counsel), for defendants-appellants.

Mura & Strom, PLLC, Buffalo (James M. DeVoy of counsel), for defendant-respondent.

Appeal from an order and judgment (one paper) of the Supreme Court, Steuben County (Marianne Furfure, A.J.), entered September 21, 2006. The order and judgment, insofar as appealed from, upon a jury verdict, dismissed the cross claims of defendants Chilson-Wilcox, Inc., Chilson-Wilcox Realty, LLC, Scott W. Chilson and Jay E. Wilcox against defendant William H. Duell, doing business as Pennwood Construction, seeking common-law indemnification and/or contractual indemnification.

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