| Oscier v Musty |
| 2016 NY Slip Op 03294 [138 AD3d 1405] |
| April 29, 2016 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Francis P. Oscier, Plaintiff, v Joanne V. Musty, Appellant, and T&T Concrete, Inc., Respondent, et al., Defendant. (Appeal No. 3.) |
Law Offices of John Wallace, Buffalo (Leo T. Fabrizi of counsel), for defendant-appellant.
Chelus, Herdzik, Speyer & Monte, P.C., Buffalo (Kevin E. Loftus of counsel), for defendant-respondent.
Appeal from an order of the Supreme Court, Erie County (Jeremiah J. Moriarty, III, J.), entered January 12, 2015. The order granted the motion of defendant T&T Concrete, Inc. for summary judgment and dismissed the cross claims against it.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Oscier v Musty ([appeal No. 1] 138 AD3d 1402 [2016]). Present—Whalen, P.J., Smith, Carni, NeMoyer and Curran, JJ.