Nicometi v Vineyards of Fredonia, LLC
2013 NY Slip Op 06264 [109 AD3d 1220]
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


Marc A. Nicometi, Respondent,
v
The Vineyards of Fredonia, LLC, et al., Appellants, et al., Defendants. Scott Pfohl, et al., Third-Party Plaintiffs, v Western New York Plumbing-Ellicott Plumbing and Remodeling Co., Inc., Third-Party Defendant-Appellant.

[*1]Motions and cross motions for reargument denied. Motions and cross motions for leave to appeal to the Court of Appeals granted. Present—Smith, J.P., Fahey, Carni, Sconiers and Whalen, JJ.