| Nalbone v Vanderbilt Props., Inc. |
| 2020 NY Slip Op 02432 [182 AD3d 1050] |
| April 24, 2020 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Theodore Nalbone et al.,
Respondents, v Vanderbilt Properties, Inc., et al., Defendants. Vanderbilt Properties, Inc., Third-Party Plaintiff, v CMC Concrete, LLC, Third-Party Defendant, and United Materials, Third-Party Defendant-Appellant. |
Goldberg Segalla LLP, Buffalo (Christopher G. Floreale of counsel), for third-party defendant-appellant.
Viola, Cummings & Lindsay, LLP, Niagara Falls (Michael J. Skoney of counsel), for plaintiffs-respondents.
Appeal from an order of the Supreme Court, Erie County (Mark A. Montour, J.), entered June 4, 2019. The order granted the motion of plaintiffs for leave to amend the summons and complaint to assert a direct cause of action against third-party defendant United Materials.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Centra, J.P., NeMoyer, Troutman, Winslow and Bannister, JJ.