| Hunt v Ciminelli-Cowper Co., Inc. |
| 2009 NY Slip Op 07284 [66 AD3d 1511] |
| October 9, 2009 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Richard Hunt, Plaintiff, v Ciminelli-Cowper Co., Inc., et al.,
Defendants. Jamestown Community College et al., Third-Party
Plaintiffs-Appellants, v Ingalls Site Development, Inc., Formerly Known as David Ogiony Development Co., Inc., et al., Third-Party Defendants-Respondents. (Appeal No. 2.) |
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Brown & Kelly, LLP, Buffalo (Lisa T. Sofferin of counsel), for third-party
defendant-respondent Ingalls Site Development, Inc., Formerly Known as David Ogiony
Development Co., Inc.
Chelus, Herdzik, Speyer & Monte, P.C., Buffalo (Thomas J. Speyer of counsel), for
third-party defendant-respondent Ahlstrom-Schaeffer Electric Corporation.
Baxter Smith & Shapiro, P.C., West Seneca (William Boltrek of counsel), for third-party
defendant-respondent Pettit & Pettit, Inc.
Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered July 28, 2008 in a personal injury action. The order, inter alia, granted the motions of third-party defendants for summary judgment dismissing the amended third-party complaint and all cross claims against them.
It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion of third-party defendant Ingalls Site Development, Inc., formerly known as David Ogiony Development Co., Inc., and reinstating the amended third-party [*2]complaint and cross claim against it, and by denying in part the motion of third-party defendant Pettit & Pettit, Inc. and reinstating the third and fourth causes of action and cross claim against it, and as modified the order is affirmed without costs.
Same memorandum as in Hunt v Ciminelli-Cowper Co., Inc. (66 AD3d 1506 [2009]). Present—Scudder, P.J., Hurlbutt, Peradotto, Green and Gorski, JJ.