Davis v Brunswick
2008 NY Slip Op 05154 [52 AD3d 1232] [52 AD3d 1232]
June 6, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


Eric Davis et al., Plaintiffs, v Martin Brunswick et al., Appellants, and Tom Howard Construction, Inc., Respondent. (Appeal No. 2.)

—[*1] Cohen & Lombardo, P.C., Buffalo (Neil R. Sherwood of counsel), for defendants-appellants. Goldberg Segalla LLP, Buffalo (Dennis P. Glascott of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Wyoming County (Michael F. Griffith, A.J.), entered May 31, 2007 in a personal injury action. The order denied the motion of defendants Martin Brunswick and Marcelline Brunswick for leave to renew that part of their cross motion seeking indemnification.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Davis v Brunswick (52 AD3d 1231 [2008]). Present—Scudder, P.J., Hurlbutt, Smith, Green and Gorski, JJ.