Giacometti v Farrell
2015 NY Slip Op 08604 [133 AD3d 1387]
November 20, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 30, 2015


[*1]
  Adam Giacometti, Respondent-Appellant, v Jacob B. Farrell et al., Respondents-Respondents, et al., Defendants. (Action No. 1.) Adam Giacometti, Respondent-Appellant,
v
Contemporary Services Corporation, Defendant, and Executive Security Management, Inc., Doing Business as The Apex Group, Appellant-Respondent. (Action No. 2.) (Appeal No. 1.) (And a Third-Party Action.)

Barclay Damon LLP, Buffalo (Vincent G. Saccomando of counsel), for defendant-appellant-respondent.

Smith, Miner, O'Shea & Smith, LLP, Buffalo (Carrie L. Smith of counsel), for plaintiff-respondent-appellant.

Goldberg Segalla LLP, Buffalo (Troy S. Flascher of counsel), for defendants-respondents-respondents County of Erie and Buffalo Bills Inc.

Appeal and cross appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered June 30, 2014. The order, among other things, granted the motion of defendants County of Erie and Buffalo Bills Inc. for summary judgment dismissing the complaint and cross claims against them and denied in part the cross motion of defendant Executive Security Management, Inc., doing business as The Apex Group, for summary judgment.

It is hereby ordered that said appeal and cross appeal are unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985 [1990]). Present—Scudder, P.J., Centra, Peradotto, Lindley and Valentino, JJ.