Ring v Bush
2009 NY Slip Op 03248 [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. Town of Gainesville et al., Third-Party Defendants-Respondents. (Appeal No. 2.)

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

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

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

Appeal from an order of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered February 20, 2008 in a personal injury action. The order amended the order entered January 21, 2008 by providing that the motions of third-party defendants for summary judgment dismissing the third-party complaint are denied without prejudice.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Smith, Centra, Fahey and Pine, JJ.