Active Workforce, Inc. v Cryan
2010 NY Slip Op 09731 [79 AD3d 1749]
December 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 16, 2011


Active Workforce, Inc., Respondent, v Michael Cryan, Appellant, and Lawley Services, Inc., Respondent, et al., Defendant.

—[*1] Goldberg Segalla LLP, Buffalo (Sarah J. Delaney of counsel), for defendant-appellant.

Francis W. Tesseyman, Jr., Buffalo, for plaintiff-respondent.

Gross, Shuman, Brizdle & Gilfillan, P.C., Buffalo (R. Scott Atwater of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered September 17, 2009. The order, insofar as appealed from, denied the motion of defendant Michael Cryan for summary judgment and granted the cross motion of defendant Lawley Services, Inc. for a conditional order of indemnification against Michael Cryan.

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