Bissell v Town of Amherst
2008 NY Slip Op 08794 [56 AD3d 1148]
November 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


Peter E. Bissell et al., Plaintiffs, v Town of Amherst, Defendant and Third-Party Plaintiff-Respondent. McGonigle & Hilger Roofing Company, Third-Party Defendant-Appellant. (Appeal No. 4.)

—[*1] Baxter, Smith, Tassan & Shapiro, P.C., West Seneca (Sim R. Shapiro of counsel), for third-party defendant-appellant.

DeMarie & Schoenborn, P.C., Buffalo (Joseph DeMarie of counsel), for third-party plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Paula L. Feroletto, J.), entered April 27, 2007 in a personal injury action. The order granted the motion of third-party plaintiff for summary judgment on the third-party complaint.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Hurlbutt, J.P., Smith, Centra, Green and Pine, JJ.