| Held v Pike Co. |
| 2014 NY Slip Op 03147 [117 AD3d 1500] |
| May 2, 2014 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| James M. Held et al., Plaintiffs, v The Pike Company et al., Defendants and Third-Party Plaintiffs-Respondents. CME Associates, Inc., Third-Party Defendant-Appellant. |
Goergen, Manson & McCarthy, Buffalo (Joseph G. Goergen, II, of counsel), for third-party defendant-appellant.
Pillinger Miller Tarallo, LLP, Elmsford (Jeffrey D. Schulman of counsel), for third-party plaintiffs-respondents.
Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered January 14, 2013. The order, among other things, denied the motion of third-party defendant for summary judgment dismissing the amended third-party complaint.
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—Centra, J.P., Peradotto, Carni, Lindley and Whalen, JJ.