Opinion
CA 02-00807
November 15, 2002.
Appeal from an order of Supreme Court, Steuben County (Bradstreet, J.), entered December 3, 2001, which, inter alia, granted the motion of defendant TEC Protective Coatings, Inc. for summary judgment dismissing the complaint against it.
DONOHUE, SABO, VARLEY ARMSTRONG, P.C., ALBANY (ANTHONY ROTONDI OF COUNSEL), FOR DEFENDANT-APPELLANT.
OSBORN, REED BURKE, LLP, ROCHESTER (CHRISTIAN C. CASINI OF COUNSEL), FOR DEFENDANT-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., GREEN, SCUDDER, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously modified on the law by denying the motion of defendant TEC Protective Coatings, Inc. and reinstating the complaint against it and as modified the order is affirmed without costs.
Same Memorandum as in Lyons v. Schenectady Intl. ([appeal No. 1] 299 A.D.2d 906 [Nov. 15, 2002]).