Sadowski v Forbes Homes, Inc. (2015 NY Slip Op 06073)

Sadowski v Forbes Homes, Inc.

2015 NY Slip Op 06073 [130 AD3d 1562]

July 10, 2015

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, September 2, 2015

[*1]

Jason P. Sadowski et al., Plaintiffs, v Forbes Homes, Inc., et al., Defendants. Forbes Homes, Inc., et al., Third-Party Plaintiffs-Respondents,
v
Wetzel Development, LLC, Third-Party Defendant-Appellant.

Kenney Shelton Liptak Nowak LLP, Buffalo (Maurice L. Sykes of counsel), for third-party defendant-appellant.

Goldberg Segalla LLP, Buffalo (Michael T. Glascott of counsel), for third-party plaintiffs-respondents.

Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Donna M. Siwek, J.), entered February 18, 2014. The order and judgment granted contractual indemnification to third-party plaintiffs against third-party defendant and denied the motion of third-party defendant to set aside a directed verdict and to dismiss the third-party complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on June 30 and July 7, 2015,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Peradotto, Carni, Valentino and Whalen, JJ.