Meabon v Town of Poland
2013 NY Slip Op 05387 [108 AD3d 1188]
July 19, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 21, 2013


Grant Meabon, Plaintiff, v Town of Poland, Defendant and Town of Poland, Third-Party Plaintiff-Respondent. Sherwood A. Chapman, Doing Business as Cadillac Carpentry, Third-Party Defendant-Appellant. (Appeal No. 2.)

—[*1] Kenney Shelton Liptak & Nowak, LLP, Buffalo (Melissa A. Foti of counsel), for third-party defendant-appellant.

Bender & Bender, LLP, Buffalo (Thomas W. Bender of counsel), for third-party plaintiff-respondent.

Appeal from an order of the Supreme Court, Chautauqua County (James H. Dillon, J.), entered June 21, 2012. The order denied the motion of third-party defendant for leave to renew and to stay the trial.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Meabon v Town of Poland (108 AD3d 1183 [2013]). Present—Scudder, P.J., Peradotto, Lindley, Sconiers and Whalen, JJ.