Dunbar v Orton
2009 NY Slip Op 00794 [59 AD3d 968]
February 6, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2009


Jessie M. Dunbar, Plaintiff,
v
William G. Orton, Defendant and Third-Party Plaintiff-Appellant. Timothy C. Richmond, Third-Party Defendant-Respondent. (Appeal No. 3.)

—[*1] Bouvier Partnership, LLP, Buffalo (Norman E.S. Greene of counsel), for third-party plaintiff-appellant.

Michaels & Smolak, P.C., Auburn (Michael G. Bersani of counsel), for third-party defendant-respondent.

Appeal from an order of the Supreme Court, Oswego County (James W. McCarthy, A.J.), entered September 7, 2007 in a personal injury action. The order denied the motion of defendant-third-party plaintiff for summary judgment dismissing the third-party complaint.

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