Newbury Place Reo II, LLC v Zahran
2013 NY Slip Op 06191 [109 AD3d 1184]
September 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 30, 2013


Newbury Place Reo II, LLC, Plaintiff,
v
Ali A. Zahran, Also Known as Ali Zahran, Defendant. Ali A. Zahran, Third-Party Plaintiff-Respondent; Michael Viscome et al., Third-Party Defendants-Appellants, et al., Third-Party Defendants.

—[*1] Demarie & Schoenborn, P.C., Buffalo (Joseph Demarie of counsel), for third-party defendants-appellants.

Myers, Quinn & Schwartz, LLP, Williamsville (James I. Myers of counsel), for third-party plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered September 5, 2012. The order denied the motion of third-party defendants Michael Viscome and Lisa M. Viscome for summary judgment dismissing the third-party complaint against them.

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