Ring v Bush
2009 NY Slip Op 03247 [61 AD3d 1369]
April 24, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 10, 2009


John H. Ring, III, as Trustee of the Chapter 7 Bankruptcy Estate of Eric Gierlinger, et al., Plaintiffs, v Jeffrey Bush, Also Known as Jeff Bush, Defendant, and Third-Party Plaintiff-Appellant-Respondent. Town of Gainesville, Third-Party Defendant-Respondent, and Village of Warsaw, Third-Party Defendant-Respondent-Appellant. (Appeal No. 1.)

—[*1] Brown & Kelly, LLP, Buffalo (Mark J. Schaefer of counsel), for third-party plaintiff-appellant-respondent.

Lippman O'Connor, Buffalo (Christopher M. Duggan of counsel), for third-party defendant-respondent.

Sugarman Law Firm, LLP, Buffalo (Brian Sutter of counsel), for third-party defendant-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered January 21, 2008 in a personal injury action. The order denied the motions of third-party defendants for summary judgment dismissing the third-party complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for the reasons stated in the decision at Supreme Court. Present—Scudder, P.J., Smith, Centra, Fahey and Pine, JJ.