| Wentworth v Atwell |
| 2019 NY Slip Op 09217 [178 AD3d 1463] |
| December 20, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| George A. Wentworth et al., Appellants, v Janice M. Atwell, Respondent/Third-Party Plaintiff-Respondent. Robert Feury et al., Third-Party Defendants-Respondents. |
Longstreet & Berry, LLP, Fayetteville (Michael J. Longstreet of counsel), for plaintiffs-appellants.
Felt Evans, LLP, Clinton (Anthony G. Hallak of counsel), for respondent/third-party plaintiff-respondent.
Law Offices of George F. Aney, Herkimer (Frank L. Madia of counsel), for third-party defendants-respondents.
Appeal from an order of the Supreme Court, Herkimer County (Charles C. Merrell, J.), dated October 5, 2018. The order granted defendant's motion for summary judgment dismissing the complaint and for leave to amend the answer to add a counterclaim.
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—Smith, J.P., NeMoyer, Troutman and Bannister, JJ.