McManus v County of Onondaga
2011 NY Slip Op 00909 [81 AD3d 1323]
February 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 30, 2011


James E. McManus, Plaintiff, v County of Onondaga et al., Defendants. County of Onondoga et al., Third-Party Plaintiffs-Respondents,
v
James M. Kraus, Doing Business as James M. Kraus Construction, Third-Party Defendant-Respondent, and H.G. Spicer & Son, Inc., Third-Party Defendant-Appellant. H.G. Spicer & Son, Inc., Fourth-Party Plaintiff-Respondent, v Trevor Morris, Doing Business as Creative Hardscapes, Fourth-Party Defendant-Appellant.

—[*1] Costello, Cooney & Fearon, PLLC, Syracuse (Jennifer L. Nuhfer of counsel), for third-party defendant-appellant and fourth-party plaintiff-respondent.

Richard P. Plochocki, Syracuse, for Fourth-Party defendant-appellant.

Gordon J. Cuffy, County Attorney, Syracuse (Mary J. Fahey of counsel), for third-party plaintiffs-respondents.

Sugarman Law Firm, LLP, Syracuse (Stephen A. Davoli of counsel), for third-party defendant-respondent.

Appeals from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), [*2]entered February 10, 2010 in a personal injury action. The order, insofar as appealed from, denied the cross motions of third-party defendant H.G. Spicer & Son, Inc. and fourth-party defendant Trevor Morris, doing business as Creative Hardscapes, for summary judgment.

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