Opinion
No. 35 CA 22-00144
05-05-2023
COREY BROWN AND MARJORIE BROWN, PLAINTIFFS, v. WAL-MART STORES, INC., INDIVIDUALLY AND DOING BUSINESS AS WAL-MART, ET AL., DEFENDANTS. WAL-MART STORES, INC., INDIVIDUALLY AND DOING BUSINESS AS WAL-MART, THIRD-PARTY PLAINTIFF-APPELLANT TOWN OF AMHERST, THIRD-PARTY DEFENDANT-RESPONDENT. (APPEAL NO. 1.)
HARTER SECREST & EMERY LLP, ROCHESTER (JEFFREY A. WADSWORTH OF COUNSEL), AND BROWN HUTCHINSON LLP, FOR THIRD-PARTY PLAINTIFF-APPELLANT. MICHAEL J. WILLETT, BUFFALO, FOR THIRD-PARTY DEFENDANT-RESPONDENT.
HARTER SECREST & EMERY LLP, ROCHESTER (JEFFREY A. WADSWORTH OF COUNSEL), AND BROWN HUTCHINSON LLP, FOR THIRD-PARTY PLAINTIFF-APPELLANT.
MICHAEL J. WILLETT, BUFFALO, FOR THIRD-PARTY DEFENDANT-RESPONDENT.
PRESENT: SMITH, J.P., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
Appeal from an order of the Supreme Court, Erie County (Paul Wojtaszek, J.), entered December 27, 2021. The order granted the motion of third-party defendant for summary judgment dismissing the third-party complaint.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Brown v Wal-Mart Stores, Inc. ([appeal No. 2] __ A.D.3d __ [][4th Dept 2023]).