Mass Factory, Inc. v Walter C. Taylor Agency, Inc.
2008 NY Slip Op 06099 [53 AD3d 1117]
July 3, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 3, 2008


Mass Factory, Inc., Respondent, v Walter C. Taylor Agency, Inc., Appellant and Third-Party Plaintiff-Appellant. Erie & Niagara Insurance Association, Third-Party Defendant-Respondent.

—[*1] Lustig & Brown, LLP, Buffalo (Randolph E. Sarnacki of counsel), for defendant-appellant and third-party plaintiff-appellant.

Culley, Marks, Tanenbaum & Pezzulo, LLP, Rochester (Frank G. Montemalo of counsel), for plaintiff-respondent.

Quinn, McGarry, Caffery & Patricia, P.C., Buffalo (Kenneth A. Patricia of counsel), for third-party defendant-respondent.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered October 5, 2007 in an action for negligence and breach of contract. The order, insofar as appealed from, denied in part the motion of defendant-third-party plaintiff for summary judgment and granted the cross motion of third-party defendant for summary judgment.

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