Szymkowiak v Doritex Corp.
2010 NY Slip Op 01159 [70 AD3d 1374]
February 11, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2010


Nancy Szymkowiak, Plaintiff, v Doritex Corp., Defendant/Third-Party Plaintiff-Respondent. American HomePatient, Third-Party Defendant-Appellant.

—[*1] Goldberg Segalla LLP, Buffalo (Dennis P. Glascott of counsel), for third-party defendant-appellant.

Law Offices of Laurie G. Ogden, Buffalo (Jerry Marti of counsel), for third-party plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered April 30, 2009 in a personal injury action. The order, among other things, denied third-party defendant's motion for summary judgment.

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